Who can apply for trademark registration?
Article 4 of the Trademark Law stipulates: "If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for the goods it produces, manufactures, processes, selects and distributes, it shall apply to the Trademark Office for the registration of the commodity trademark. Where a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for the services it provides, it shall apply to the Trademark Office for registration of a service trademark. The provisions of this Law on commodity trademarks shall apply to service trademarks. " Judging from this provision, the subject scope of trademark rights in China is very wide. The Regulations for the Implementation of the Trademark Law also stipulates that applicants for trademark registration of certain special commodities must be legal pharmaceutical manufacturers approved by relevant departments. If a foreigner or foreign enterprise applies for trademark registration in China, it shall be handled in accordance with the provisions of Article 17 of the Trademark Law, the agreement signed between the country to which it belongs and China or the international treaties to which it is a party, or the principle of reciprocity. Before 1985, more than 30 countries signed trademark protection agreements with China. 1985 On March 9, 200919, China became a member of the Paris Convention for the Protection of Industrial Property. According to the Convention, nationals of member countries (natural persons or legal persons) can apply for trademark registration in any member country and enjoy the same treatment as their own nationals. In this way, nationals of member countries do not need to sign trademark protection agreements in each member country. Therefore, in addition to countries that have signed agreements with our people, nationals of all member States of the Paris Convention can also apply to the Trademark Office for trademark registration. 200111China joined the World Trade Organization and became a member of the Agreement on Trade-Related Aspects of Intellectual Property Rights (Trips). Trademark application process 1. Query and analyze, select your own trademarks (such as Chinese/English/graphics) and confirm which products or services you register on; According to the product name, confirm the product category, and then determine the trademark and category that the applicant needs to inquire about; If it is found that there are no identical and similar trademarks, the applicant can prepare to apply for the trademark. 2. Determine the draft trademark design 3. Go through the trademark application procedures and submit the application materials to the Trademark Office. After entering the Trademark Office, it is divided into two parts: the first part is the formal review, which takes about one to three months to issue a national acceptance notice, and the relevant application information can be found on China Trademark Online; The second part is waiting for substantive review, about 8 months; 5. After passing the substantive examination, enter the announcement period of preliminary examination for three months. 6. The approval announcement period is one to two months, and a trademark certificate will be issued.