How to apply for a trademark patent

How to apply for a trademark patent. Generally speaking, when a company or individual has invented a unique invention of their own, they usually have to apply for a trademark patent. Apply for a patent in your own country to protect the unique right to use and ownership of your invention. Here is how to apply for a trademark patent. How to apply for a trademark patent 1

To apply for a patent, you must hold the relevant documents for patent application and go directly to the acceptance office of the State Intellectual Property Office or its various acceptance offices. If these places are far away from you If your place of residence is relatively far away, you can also use mailing method to sort out all the materials required for patent application and mail them to the State Intellectual Property Office for processing.

1. To write patent application materials, the patent applicant can fill them out by himself or entrust a patent-related agency to help, but the content must be clearly written.

2. Acceptance of patents. When the National Intellectual Property Administration receives the application materials from the patent applicant, it will conduct a preliminary screening. For those who meet the application conditions, it will determine the specific application date, then issue an application number to the applicant, and issue it to the applicant. Letter of acceptance of patent application.

3. If the application materials are submitted directly to the relevant office in person, the applicant can go to the office from the date of application after obtaining the acceptance notice and the issuance of the patent application payment form. Postponed by two months, the application fee must be paid within two months.

4. Then you will enter the application approval process.

5. At this time, the relevant review department of the State Administration of Intellectual Property will ask various questions to the applicant based on the materials submitted and the content related to the patent application. The applicant must classify the questions and answer them one by one. It is necessary to respond to the examiner's various opinions about the patent, modify the application or supplement the evidence. If the applicant does not agree with the examiner's examination opinions, he can raise a question and state his own opinions and reasons.

6. Handle the procedures for patent application. When the applicant receives the authorization notice and needs to go through the relevant registration procedures, he must go through the relevant registration procedures and pay the fees within two months in accordance with the relevant regulations and requirements. The applicant must complete the registration procedures and pay the fees within the prescribed time limit. The Patent Office will grant the applicant a patent right and issue a patent certificate in accordance with relevant regulations and procedures, fill in the patent on the patent system, and publish it in the patent gazette. The patent right will start from the date of announcement. Effective from now on.

7. The application requires relevant registration procedures. When going through the relevant registration procedures, there is no need to submit other patent application materials and any documents. The applicant only needs to submit the application within the specified time. Submit the relevant fees for patent registration in a timely manner. How to apply for a trademark patent 2

1. How to apply for a trademark patent

When submitting patent application documents to the Patent Office, you can submit them directly to the Patent Office in person, or by registered mail to the Patent Office, or you can Entrust an agency to handle the matter.

When applying for a patent and going through other procedures with the Patent Office, relevant fees must be paid in accordance with the patent fee items and standards. Various fees can be paid directly to the Patent Office, remitted through the post office or bank, or transferred through an agency.

After receiving the patent application documents that meet the requirements, the Patent Office will issue an acceptance notice to the applicant, indicating the application date, application number and other matters of the patent.

The patent system is a system for protecting patented intellectual property rights under market economy conditions. An invention does not automatically receive patent protection, and the Patent Office cannot automatically grant patent rights. The person who has the right to file a patent application must submit the necessary application documents in accordance with regulations.

After the Patent Office accepts the application, it will review the application through legal procedures and grant patent rights only to those who meet the conditions. To apply for an invention or utility model patent, a request, description, claims, abstract of the description, necessary drawings and other documents must be submitted.

To apply for a design patent, you should submit a request and documents such as pictures or photos of the design. Patent application documents can be written by the applicant himself or entrusted to others. Since applying for a patent is a complicated legal matter, it is not easy for ordinary people to complete this task.

Applicants can entrust an agent with patent qualifications to write application documents and handle related application matters. If an agent of a patent agency is entrusted to apply for a patent and handle application matters, he shall submit a letter of authorization at the same time, stating the entrustment authority, and pay the agency service fee according to the relevant patent agency service charging standards.

2. How much is the trademark registration application fee?

According to the provisions of the National Planning Commission and the Ministry of Finance Document No. [1995] 2404, the trademark registration business fee is The charging standards are as follows:

(1) Domestic registration fee charging standards

Trademark business charging items and standards

Unit: Yuan/piece Trademark business charging items and List (Unit: Yuan/item)

Notes on serial number, business name and charging standards

1. The trademark registration fee of 1,000 is limited to 10 goods or services in this category; more than 10 (not allowed) (Including 10), for each more than one, an additional 100 yuan will be charged

2. The collective trademark registration fee is 3,000 yuan

3. The certification trademark registration fee is 3,000 yuan

4. The fee for accepting the reissue of trademark registration certificate is 1,000, including the cost of publishing a statement of loss

5. The fee for accepting the transfer of a registered trademark is 1,000

6. The fee for accepting the renewal of a trademark is 2,000

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7. Delay fee for accepting renewal registration 500

8. 1,500 trademark review fee

9. Trademark opposition fee 1,000

10. Change fee 500

11. Trademark certification fee 100

12. Trademark cancellation fee 1,000

13. Trademark licensing contract filing fee 300

(2) Madrid trademark international registration fees

One part is the registration fee charged by the International Bureau of the World Intellectual Property Organization, and the other part is the handling fee and translation fee approved by the Ministry of Finance. The calculation of international registration fees is more complicated. Applicants should pay according to the "Charge Notice" issued by the Trademark Office.

3. What information is required for trademark registration?

1. If you apply in the name of a natural person, a copy of your ID card is required. If you are applying for registration as an enterprise, you need a copy of the "Business License" and the official seal.

2. 10 trademark drawings. For color trademarks of specified colors, 10 coloring drawings and 1 black and white ink drawing should be submitted). The trademark pattern provided must be clear and easy to paste, and must be made of smooth and durable paper or replaced by a photo. The length and width must be no more than 10 cm and less than 5 cm (approximately the size of a business card). If the direction of the trademark pattern is unclear, arrows should be used to indicate the top and bottom. When applying for a cigarette or cigar trademark, the image can be as large as the actual one used. How to apply for a trademark patent 3

1. How do individual citizens apply for a trademark patent?

(1) How to apply for a trademark

1. The ways to apply for a registered certification trademark include going to the registration hall of the Trademark Office in person, or you can entrust a trademark agency to apply.

2. Application conditions and procedures

(1) When entrusting a trademark agency to apply for registration of a certification mark or collective mark, the applicant can voluntarily choose any agency that registers with the Trademark Office Trademark agency handles. All trademark agencies registered with the Trademark Office are published in the "Agency" column.

(2) To request someone to go directly to the Trademark Registration Hall of the Trademark Office to apply for registration of a certification mark or collective mark, the applicant can follow the following steps:

Inquiry before application ( (Optional procedures) → Prepare application documents → Submit application documents at the trademark registration hall acceptance window → Confirm the submission of registration application at the coding window → Pay the trademark registration fee at the payment window → Receive the fee receipt

(After the applicant receives the receipt, the submission of the trademark registration application is completed. Please refer to the "Trademark Registration Flow Chart" for the trademark registration review process. After the applicant receives the "Notice of Collecting the Trademark Registration Certificate", go to the Trademark Registration Hall to collect it. "Trademark Registration Certificate")

(3) Applicants can also go to the Trademark Office office to apply.

(2) Methods of applying for trademarks

The process of personal patent application is to query and retrieve the technology that needs to be patented; determine the type of patent application; prepare the application materials; submit patent application documents; issue an amendment notice or respond to the examination opinion notice, reply or correct; China implements a preliminary examination system for design and utility model patent applications. Invention patents are subject to an examination system of preliminary examination, announcement, and substantive examination, and patent rights are granted and corresponding fees are paid. At this point, the personal patent application process ends.

Relevant legal provisions: "Patent Law of the People's Republic of China"

Article 26 To apply for an invention or utility model patent, a request, description and other relevant documents shall be submitted. Documents such as abstract and claims. The request shall state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters.

2. Materials required to apply for a patent

"Patent Law of the People's Republic of China"

Article 26 Application for invention or utility model If a patent is issued, a request, description, abstract, claims and other documents shall be submitted.

The request shall state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters.

The description shall provide a clear and complete description of the invention or utility model, which shall be subject to the ability of a person skilled in the technical field to realize it; when necessary, there shall be accompanying drawings. The abstract should briefly describe the technical key points of the invention or utility model.

The claims should be based on the description and clearly and briefly define the scope of patent protection requested.

For inventions and creations that rely on genetic resources, the applicant shall state the direct source and original source of the genetic resource in the patent application document; if the applicant cannot explain the original source, the applicant shall state the reasons.

Article 27 When applying for a design patent, a request, pictures or photos of the design, a brief description of the design and other documents shall be submitted.

The relevant pictures or photos submitted by the applicant should clearly show the design of the product for which patent protection is sought.

Article 28 The date when the patent administration department of the State Council receives the patent application documents is the filing date. If the application documents are mailed, the postmark date shall be the date of application.

Article 29 Within twelve months from the date the applicant first files a patent application for an invention or utility model in a foreign country, or from the date a design first files a patent application in a foreign country, If another patent application is filed in China on the same subject within six months, the foreign country may enjoy priority in accordance with the agreement signed by the foreign country with China or an international treaty to which both countries are parties, or in accordance with the principle of mutual recognition of priority.

Within twelve months from the date the applicant first files a patent application for an invention or utility model in China, or within six months from the date a design first files a patent application in China , and files a patent application for the same subject with the Patent Administration Department of the State Council, it can enjoy priority.

Article 30 If an applicant claims priority for an invention or utility model patent, he or she shall submit a written statement at the time of application and submit a second declaration within 16 months from the date of first filing of the application. A copy of the patent application document filed once.

If an applicant requires priority for a design patent, he or she shall submit a written statement when applying and submit a copy of the first patent application document within three months.

If the applicant fails to submit a written statement or fails to submit a copy of the patent application documents within the time limit, it shall be deemed that the applicant has not claimed priority.

Article 31 An application for a patent for an invention or utility model shall be limited to one invention or utility model. Two or more inventions or utility models belonging to one general inventive concept can be filed as one application.

Trademark rights and patent rights are both intellectual property rights, but there are differences in the materials submitted to the registration agency and the application fees paid to obtain these two rights. Since the current law does not stipulate that you must handle the registration procedures for trademarks and patents in person, you can entrust others to handle it on your behalf.