What should be done to register a trademark in 2016? Is there any process for trademark registration now? The editor has brought you relevant knowledge about "Company Trademark Registration", which may include you need. How to check whether a trademark is registered online

1. The method of searching for a trademark is relatively complicated. Today we will introduce the basic steps of online searching. At the same time, we can also entrust the query through a trademark office.

2. First, we enter the China Trademark Network. The official provides four services: trademark similarity query, trademark comprehensive query, trademark status query, and error message feedback.

3. We click to enter the comprehensive trademark query: users can query relevant information about a certain trademark by trademark number, trademark, applicant name, etc.

4. It provides 5 query methods: international classification number, registration number, trademark name, applicant name (Chinese and English). For querying whether to register, we only need to use "trade name" Just come.

5. Let’s search for “Baidu” as an example, enter Baidu in the trademark name, and then click Query

6. If there are results in the query, it means that the trademark has been registered. Then you can only change a trademark

7. If the query "Sorry! No results were found", then congratulations, the trademark has not been registered yet, hurry up and register it. How to register a trademark

< p>Choose your favorite trademark. The range of choices includes text, graphics, numbers, letters, color combinations, and any combination of the above elements. Under the latest trademark law, sounds can also be registered as trademarks.

Go to the official database and trademark query system "China Trademark Network" to check the status of previous registrations, evaluate the registration risks, make repeated revisions, and finally determine the trademark to be registered and create a trademark logo pattern.

Prepare trademark registration application materials:

1. Trademark registration application;

2. Power of attorney (if entrusting an agency);

3. Main body certification materials (personal ID card and individual business license, company's corporate business license).

4. Submit application materials. It must be submitted in person at the registration hall of the State Trademark Office.

5. Wait for formal review by the Trademark Office. After passing the review, a trademark acceptance notice will be issued. It takes about 60-80 working days (that is, about 3-4 months). If the formal review is not passed, you need to make corrections or resubmit the application.

After receiving the trademark acceptance notice, you can mark the trademark with the "TM" logo and use it.

6. It takes about 16 months from submitting the application to finally getting the trademark registration certificate. The acceptance is issued about 3 months after the application is submitted. The first 9 months after acceptance are the review schedule, and the subsequent Three months is the announcement period after passing the Trademark Office review, and the final period is about one month for the production and issuance of the certificate. Applicants need to always pay attention to whether there are objections raised by others during the announcement period, and submit an opposition defense letter according to the objection defense notice issued by the Trademark Office to safeguard their legitimate rights and interests.

7. After the above process, if it goes well, you can get the trademark registration certificate. The trademark registration protection period is 10 years. You can apply for trademark renewal 12 months before expiration. The official fee is 2,000 yuan (it can also be renewed within the extension period within 6 months after expiration, but you need to pay an additional extension fee of 500 yuan). , after this renewal, the term of the exclusive right to use the trademark will be extended for 10 years, and can be repeatedly renewed and extended. Will a registered trademark be revoked if it is not used for a long time?

Because trademark resources are limited, there is a time limit for use. If a trademark requires continued use, it can be renewed every ten years without time limit. However, many trademarks will be abandoned by the trademark holder, so they do not need to renew, and the trademark can be registered and used by others.

The "Trademark Law" stipulates that if the trademark is not used for three consecutive years, it can be revoked for the same reason. If a registered trademark has not been used for three consecutive years, there are two penalties. It is not inevitable that it will be revoked, and the Trademark Office can also order correction within a time limit. The concept of trademark use is very broad, and it does not only refer to use on registered goods or services. There is some work that can be done here.

When it comes to professional trademark investment, most companies and individuals register a large number of trademarks and sell them directly to other companies and individuals, because of the limitations of trademark resources (fewer good trademarks) and trademark registration. The time is too long, so there is room for investment.

However, the restriction that the trademark may be revoked if it is not used for three years does bring great restrictions. For specialized trademark investors, other uses can easily be deemed to be invalid uses, and it will be more difficult to establish the fact of use.

Therefore, the best way for professional trademark investors is to quickly transfer the registered trademark within three years, because if it is used, it will also affect the value of the registered trademark itself. After three consecutive years, the registered trademark will be transferred. Use will put the ownership of the registered trademark in an unstable state, and buyers will not buy it. What are the conditions for registering a trademark?

(1) Distinctiveness of the trademark

The distinctiveness of a trademark lies in whether the trademark is newly created and whether it has personality. A unique and newly created trademark undoubtedly has distinctive features. A trademark should have distinctive features so that it can be easily distinguished from others. A comprehensive examination should be conducted from the text, graphics and other components of the trademark itself. Overly simple graphics, lines, or overly complex patterns, ordinary numbers, general daily life terms or advertising terms, common names of goods, packaging, decoration, containers, etc. of goods are generally considered not to have distinctive features. For example, if an arc is used as a mark to apply for registration on cosmetics and other commodities in categories 3, 9, 18, 24, 25, and 28, it will be regarded as lacking distinctiveness and being difficult to consume. The registration was not approved on the grounds of identification of the person; another example was a combination trademark with pines and cypresses, flowers, plants, sun, cranes, flowing water, and rocks as background patterns, and the name "Songs and Cranes Welcome Spring" was requested to be registered on a certain daily necessities, but it was also not approved. The reason for registration is that "songs and cranes welcome spring" is an auspicious term among the people and is often used on daily necessities. The pattern is also often used on daily necessities as a decorative pattern. The trademark is neither text nor graphic. It has distinctive characteristics and does not have an identification function.

The purpose of requiring trademarks to have distinctive features is to enable consumers to identify the source of goods through trademarks. Even if some trademarks lack distinctive features, their long-term use can still be used to identify them. Once registered, protection should be provided. For example, if simple graphics such as triangles and semicircles are associated with a specific product and used repeatedly, so that they have an identification function, they should also be protected. Another example is the world-famous "NIKE" trademark used on sportswear and sneakers. Its waving pattern is so simple that it is almost unrecognizable from the perspective of its constituent elements. However, it couldn't be simpler. A single stroke has the strongest identifying effect. Therefore, the distinctive features of a trademark must be judged and identified from the perspective of whether the trademark has been actually used and whether it has formed a specific connection with a certain product.

(2) Trademarks must not be confused with others’ trademarks

Confusion refers to situations where a trademark is identical or similar to another’s trademark. Generally speaking, the aforementioned original trademarks will not be confused with other people’s trademarks, while suggestive trademarks, descriptive trademarks, especially borrowed meaning trademarks are often confused with other people’s trademarks, and the trademark applied for registration will not be confused with other people’s trademarks. If the trademarks are mixed, they will not be allowed to be registered. If the same or similar trademark is used on the same or similar goods, it will constitute infringement.

Identical trademarks means that the words and graphics of the trademarks used on the same product or similar products are exactly the same or the pronunciation of the trademark name is exactly the same. If the trademarks are the same, it will be difficult for consumers to distinguish the goods or services of different operators.

Trademark similarity means that the words, graphics or name pronunciation of trademarks used on the same or similar goods are basically the same. Although there is a difference, the difference is not obvious enough to cause consumers to misunderstand and purchase. For example, someone applied for the designated use of "surname Shasha" on ice cream and popsicles in Class 30, which is similar to the "Wahaha" trademark registered by Hangzhou Wahaha Group for designated use on Class 30 ice products. Although the two trademarks "Surname Haha" and "Wahaha" have different characters and different pronunciations, their glyphs are very similar. "Surname is just a slight change of each word of "Wahaha", deliberately bringing "Surname" and "Wahaha" closer to each other, taking advantage of consumers' trust in the Wahaha trademark, causing consumers to misunderstand, leading to misunderstandings. purchase. Similarity of trademarks mainly manifests itself in three situations: "shape" (appearance), "sound" (pronunciation), and "meaning" (meaning). By comparing two trademarks, if their "shape", "sound", and "meaning" Similar trademarks that are likely to confuse consumers are considered similar trademarks.

Whether the trademarks are identical or similar, they must be identical or similar on the same goods or similar goods. Therefore, in addition to judging whether the trademarks themselves are the same or similar, it is also necessary to judge whether the goods they use are the same. goods or similar goods, if the goods used are not the same goods or similar goods, even if the two trademarks are the same or similar, it does not affect their distinctiveness and recognizability. The so-called same product refers to products that are similar in performance, use, production process, main raw materials, etc.

It is not difficult to determine whether they are the same product, but it is more complicated to determine whether they are similar products. Because in addition to comprehensively considering whether the manufacturing department, raw materials, quality, usage, and even the sales department of the product are consistent, it is also necessary to examine the consumer psychology. Moreover, different standards may also be grasped for different trademarks. For a trademark that has a certain degree of popularity among consumers, as long as it may cause consumers to misunderstand the source of the goods, goods that are not similar from a commodity point of view will also be judged as similar goods. For example, an enterprise applied for registration on pastries and oatmeal in Class 30 with the exact same logo of "Carlsberg" registered by Carlsberg Co., Ltd. on Class 32 beer. The rejection of the application for an identical trademark on similar goods shows that similar goods are relative.

Company trademark registration Bajie - China's leading brand in trademark transactions; trademark transfer, a platform focusing on trademark transfer and registration for 14 years, the number of trademark registration transfers is far ahead in the country, trademark registration, trademark transfer process, buying and selling trademarks, Beijing , Shanghai, Guangzhou, Shenzhen, Tianjin, Zhengzhou, Hangzhou, Nanjing, Jinan, Chongqing, Qingdao, Dalian, Ningbo, Xiamen, Chengdu, Wuhan, Harbin, Shenyang, Xi'an, Changchun, Changsha, Fuzhou, Shijiazhuang, Suzhou, Foshan, Dongguan , Wuxi, Yantai, Taiyuan, Hefei, Nanchang, Nanning, Kunming, Wenzhou, Tangshan, Zibo, hotline: trademark management company trademark