What are the rules for the process and time of trademark registration in Guangzhou? 1. Before applying for trademark registration, you can entrust our company or design it yourself. Trademark design should pay attention to the following points: (1) originality, that is, trademark design should be innovative; On the one hand, it is necessary to meet the requirements of distinctiveness, on the other hand, creative trademarks are easy to expand the popularity of goods and quickly occupy the market. (2) The name of a trademark should avoid being associated with the function of the commodity. (3) The design of trademarks should highlight the theme and make a reasonable layout.
2. Trademark inquiry usually refers to the inquiry of trademark information conducted by the trademark registration applicant in order to know whether there is a prior trademark right that may conflict with the trademark applied for registration. It takes a long time for a trademark to apply for registration. If the application for trademark registration is rejected, on the one hand, the trademark registration fee will be lost, on the other hand, it will take longer to reapply for registered trademarks, and it is still unknown whether the reapplication can be approved for registration. Therefore, before applying for a registered trademark, the applicant had better make a trademark inquiry to understand the prior rights. There are two kinds of query services: one is internal query service; The other is 7- 14 working days for government inquiry service.
3. The application documents for trademark registration shall be submitted to the Intellectual Property Department of Hong Kong.
4. After receiving the application materials for trademark registration, the Intellectual Property Department of Hong Kong will give an application number and issue an acceptance notice, which will take about one week.
5. Trademark review is divided into two processes: formal review and substantive review. Formal examination means that before examining the application, the Trademark Registration Office will carefully examine the application and all its attachments to see whether the required parts in the form have been filled in, whether the relevant information is correct and whether the required information is incomplete. If everything is ready, the application procedure will enter the next stage (substantive examination stage). Substantive examination means that the Trademark Registration Office searches the trademark records after checking the shortcomings of the application and making sure that all the information is complete, so as to determine whether other businesses have registered or applied for the registration of the same or similar trademarks for the same or similar goods or services. At the same time, the Trademark Registry will check whether the relevant trademarks meet the registration requirements of the Trade Marks Ordinance. If approved, the application procedure will enter the next stage (gazetting and announcement stage).
6. After the application for announcement is approved by the Trademark Registry, it will be announced in the Hong Kong Intellectual Property Bulletin for a period of three months. If no one raises an objection, the trademark can be successfully registered.
7. If there is no objection to the announcement of the registered trademark or the objection is not established after the ruling, the registration is successful. In general, it takes about 6 months to obtain the registration certificate. After successful registration, the validity period is 10 year, and the fee can be renewed on time in the first half of the expiration.
Conditions for Guangzhou to apply for registration of a trademark (1) A trademark applied for registration must have constitutive requirements;
(2) The trademark applied for registration shall be significant;
(3) A trademark applying for registration shall not use any sign prohibited by law.
(4) The trademark applied for registration shall not be the same as or similar to the trademark registered or preliminarily approved by others on the same or similar goods or services.
(5) The trademark applied for registration shall not be the same as or similar to the registered trademark that has been revoked or cancelled for less than one year.
How much is the trademark registration fee in Guangzhou (for reference only)? The registration fee is charged by category and quantity. The cost of each trademark in each category is:
1900 yuan (ten-year validity period, including ten-year fees, domestic companies or individuals, including 1000 national fees and 900 agency fees).
3,000 yuan (ten-year validity period, including ten-year fees, foreign enterprises or individuals, including 1 0,000 national fees and 2,000 agency fees).
What are the forms of transfer of registered trademarks in Guangzhou? Trademark transfer refers to the act that a trademark registrant transfers the exclusive right to use a trademark to others in accordance with legal procedures within the validity period of a registered trademark. The transfer of a registered trademark generally takes the following forms:
1, contract transfer. The transferor shall stipulate the contents, mutual rights, obligations and liabilities for breach of contract of the registered trademark through the contract. This form of transfer is generally paid, that is, the transferor collects a certain transfer fee by transferring the exclusive right to use a registered trademark.
2. Continuous transfer. There are two situations for the transfer of a registered trademark:
(1) After the death of the registered owner (natural person), that is, after the end of his life, there are heirs who inherit all the registered trademarks of the deceased before his death according to the inheritance procedure.
(2) An enterprise that is the owner of a registered trademark is merged or transferred at the time of merger.
3. Transfers caused by administrative orders. This form of transfer generally occurs in public ownership countries. The administrative orders mentioned here are mainly those plans and administrations that cause the circulation of property. For example, the division, merger, dissolution or transformation of state-owned enterprises in China according to administrative orders will inevitably lead to the change of the subject of registered trademarks.
Guangzhou Trademark Registration Announcement Any natural person who engages in the production, manufacture, processing, selection and distribution of goods or provides services as stipulated in Article 4 of the Trademark Law of People's Republic of China (PRC) and needs to obtain the exclusive right to use a trademark shall apply to the Trademark Office for trademark registration. To apply for trademark registration and transfer in the name of a natural person, in addition to submitting the application for trademark registration, trademark patterns and other materials in accordance with the relevant provisions, the following matters should also be noted:
1. Individual industrial and commercial households can apply for trademark registration in the name of the applicant or in the name of the person in charge of registration on the license. When applying in the name of the person in charge, copies of the following materials shall be submitted:
(1) ID card of the person in charge;
(2) Business license.
2. Rural contracted business households may file an application for trademark registration in the name of the contractor, and a copy of the following materials shall be submitted when applying:
(1) Contractor ID card;
(2) the contract.
3. Other natural persons authorized to engage in business activities according to law may file an application for trademark registration in the name of the business operator published in the registration documents issued by the relevant administrative authorities, and shall submit copies of the following materials when applying:
(1) Operator ID card;
(2) Registration documents issued by relevant administrative departments.
4. The scope of goods and services that a natural person applies for trademark registration is limited to the business scope approved by its business license or relevant registration documents, or to the self-operated agricultural and sideline products.
5. The Trademark Office will not accept the application for trademark registration that does not conform to the provisions of Article 4 of the Trademark Law, and notify the applicant in writing. Where the applicant provides false materials to obtain trademark registration, the Trademark Office shall revoke the registered trademark.
6. If the transferee is a natural person, the application for trademark transfer shall be handled with reference to the above matters.
Trademark registration process
trade mark registration