How to apply for trademark registration?
Article 3 of the "Implementing Rules of the Trademark Law" stipulates that when applying for trademark registration and other related matters, the applicant can entrust a trademark agent recognized by the State Administration for Industry and Commerce. Organize an agent, or you can handle it directly.
①Entrust an agency to represent you. From the second half of 1993, my country stopped the trademark transfer system and fully implemented the trademark agency system. Currently, there are 136 trademark agencies nationwide providing comprehensive and professional trademark legal services to trademark applicants. Practice has proved that entrusting an agent has many advantages:
First, it is convenient and timely. The client can entrust the nearest trademark agency to handle trademark affairs.
The second is to save time and money, and the charges are reasonable. Applicants can save the time and expense of traveling to and from the Trademark Office. Trademark agencies charge strictly according to the regulations of the price department.
The third is to ensure quality and proceed on time. The agent has professional knowledge of trademarks, is familiar with the application procedures, strictly follows the entrusted authority, and conveys the opinions of the Trademark Office to the applicant in a timely manner to ensure the smooth progress of the application work.
Fourth, it is convenient to obtain the certificate and correct errors in a timely manner. The Trademark Office regularly sends the Trademark Registration Certificate to the agency, and the registrant can receive it upon presentation of the notice. If there is any problem with the registration certificate, the agency can contact the Trademark Office for correction.
Fifth, the files are sound and easy to manage and monitor. The trademark agency retains the client’s application materials and notifies the registrant of trademark renewal and other matters. If an identical or similar trademark is found in the Trademark Announcement, the applicant will be contacted promptly to provide assistance.
Sixth, it can provide timely overseas trademark registration services. According to international practice, Chinese trademark applicants who want to handle trademark affairs abroad must forward their applications to the authorities through foreign agencies. Domestic trademark agency organizations have close business ties with foreign agencies and can provide timely overseas trademark registration services.
②Apply directly. Direct processing means that the trademark applicant goes directly to the Trademark Office to apply for trademark registration and other matters. In addition to not having the advantages of an agency, direct processing also has some shortcomings.
Firstly, the applicant needs to bring the official seal to the Trademark Office, which is easy to lose and is not conducive to the use of the unit;
Secondly, the applicant is not familiar with the problems that arise during the application process. I don’t know how to deal with trademark laws and regulations:
Third, the Trademark Office contacts the applicant by mail. If the applicant’s address changes or the address is unknown, the documents will not be delivered;
Fourth, the applicant must bring relevant documents to the Trademark Office to obtain the "Trademark Registration Certificate." What types of registered trademarks are there
According to the provisions of the Trademark Law, trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service marks, collective trademarks, and certification marks; the trademark registrant enjoys exclusive rights to the trademark rights, protected by law.
Collective trademarks as mentioned in the Trademark Law refer to marks registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the user's membership in the organization.
The so-called certification mark in the Trademark Law refers to a mark controlled by an organization with the ability to supervise certain goods or services and used by units or individuals other than the organization to certify its goods or services. The origin, raw materials, manufacturing methods, quality or other signs of specific quality of the goods or services.
Special matters concerning the registration and management of collective trademarks and certification marks shall be stipulated by the industrial and commercial administration department of the State Council. What types of trademarks can be registered?
Almost anything can be registered as a trademark (except the national flag, of course). Trademarks can be words, letters and numbers, or a combination of them. What constitutes a trademark can be graphics, colors, symbols, three-dimensional marks (such as the shape and packaging of goods), audio signs (such as music or sounds), or fragrance or distinctive colors.
In addition to indicating the commercial source of goods or services, trademarks also have other types of trademarks. A collective mark is owned by an association and its members use the collective mark to indicate compliance with certain quality standards and other requirements determined by the association.
Representative among these associations are the Institute of Accountants, the Institute of Engineers or the Institute of Architects. A certification mark is a mark used to certify that certain specified standards have been met, but is not limited to use by any member only. Anyone can obtain a certification mark by submitting proof that the product in question meets certain specified standards. For example, the British trademark Stilton for cheese is a certification mark. What is an application for converting an international registration into a national registration?
According to the provisions of Article 9-5 of the Madrid Protocol and Article 22 of the Implementing Regulations of the Protocol, an international registration is converted into an application for national registration. It means that within five years from the date of international registration, because the basic application or basic registration has been rejected, expired, abandoned, canceled or invalid in whole or in part, the Office of origin applies to the International Bureau to cancel all or part of the goods listed in the international registration. and services, when the applicant for the original international registration submits an application for registration of the same trademark to the Office of a Contracting Party whose international registration was once valid, the application shall have its international registration date or later designated date as the filing date, and if the international If the registration has enjoyed priority, this application should also enjoy the same priority, provided that:
(1) This application is submitted within 3 months from the date of cancellation of the international registration;
(2) The goods and services listed in the application are actually included in the internationally registered goods and services;
(3) The application complies with all provisions of applicable laws, including fees.
The above is what the editor has provided for you. How to apply for a domestic trademark? I hope you will like it!