Can I apply for a store name patent?

Can I apply for a store name patent? No matter what store you open, you need to have a store name, so that more consumers can remember our store. Some bosses want to apply for a patent for their stores. In fact, such a situation does not exist. The following is whether it is possible to apply for a store name patent. Can a store name be patented? 1

1. Can a company name be patented?

You can apply for a patent in the name of the company.

According to Article 6 of the Patent Law, inventions and creations that are completed while performing the tasks of the unit or mainly by utilizing the material and technical conditions of the unit are service inventions. The right to apply for a patent for a service invention-creation belongs to the unit; after the application is approved, the unit becomes the patentee.

For non-service inventions, the right to apply for a patent belongs to the inventor or designer; after the application is approved, the inventor or designer becomes the patentee.

For inventions and creations completed by utilizing the unit’s material and technical conditions, if the unit has a contract with the inventor or designer, and stipulates the right to apply for a patent and the ownership of the patent right, such agreement shall prevail.

2. What are the meanings of the three categories of patent rights?

(1) Patent rights are granted by the state to the patentee for a certain period of time in accordance with the law. exclusive rights enjoyed within.

(2) Patents are inventions protected by patent law, and generally include three types of patents: invention, utility model and design.

(3) A patent is a patent document, the main part of which is the patent specification describing the invention and creation.

Article 2 of the "Patent Law of the People's Republic of China" The inventions and creations referred to in this Law refer to inventions, utility models and designs.

Invention refers to a new technical solution proposed for a product, method or improvement thereof.

Utility model refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use.

Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, based on the shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern.

3. Benefits of a company applying for a patent

(1) Owning a technical achievement protected by the "Patent Law" without fear of "leakage" or the infringement of technical personnel of the unit "Job-hopping" causes the loss of technical achievements.

(2) Increase the stock of intangible assets and improve the quality of the enterprise.

(3) Can exclusively "monopolize" the sales market of patented products, implement the patent independently, and obtain economic benefits.

(4) Obtain economic benefits through the transfer of patented technology or the implementation of patent licenses.

(5) Patented technology can be used as a selling point for product promotion to improve product quality.

(6) Patent rights can be used as pledge to obtain bank loans; or as guarantee for financing.

(7) When the number of patents reaches a certain level, technology companies can apply to enjoy government taxation, export trade and other preferential policies as well as bids for major projects.

(8) Demand compensation from patent infringers. Can I apply for a store name patent? 2

1. Procedure for applying for a store name patent

The name of the store does not fall within the scope of patent rights, so the store name cannot be patented. After the name of the store is registered with the Industrial and Commercial Bureau as an individual industrial and commercial household or a company, it will naturally obtain the "trade name right".

The right to a trade name enjoys exclusive rights in the place where the trade name is registered. For the name of a store, you can also submit a trademark registration application to the Trademark Office of the International Administration for Industry and Commerce. Once the application is reviewed, announced, and approved for registration, the name will have "trademark rights." The trademark is protected in the registered category or similar categories and enjoys exclusive rights.

2. What procedures are required to apply for a patent for a restaurant name?

Generally, restaurant names cannot be patented, but can be trademarked.

(1) You can go to the registration hall of the local Trademark Office in person, or you can entrust a trademark agency to handle it.

(2) Information required for application: trademark drawing, scope of goods or services to be used for the registered trademark, identity documents: individual business license and copy of personal ID card.

(3) Application procedures:

① First, search the trademark. If there is no identical or similar one before, you can prepare application documents and submit the application;

②. About 3 months after the application is submitted, the Trademark Office will issue you an application acceptance notice. This period is called the formal review stage.

③. After the formal review is completed, the substantive review stage will be entered. This stage will take about 9 months.

④. If the substantive review is passed, the announcement process will be entered. This period is 3 months.

When the announcement period expires and no one raises any objection. You can get the registration certificate.

Article 22 of the "Trademark Law of the People's Republic of China" An applicant for trademark registration shall fill in the product category and product name of the trademark in accordance with the prescribed product classification table, and submit an application for registration.

Trademark registration applicants can apply to register the same trademark for multiple categories of goods through one application.

Trademark registration applications and other relevant documents can be submitted in writing or by data message.

3. What are the principles of trademark registration?

Trademark registration needs to follow the following principles:

1. The principle of combining voluntary registration and compulsory registration. Most trademarks in my country adopt the principle of voluntary registration. Producers and operators of goods that require the use of registered trademarks under national laws and administrative regulations (mainly cigarettes, cigars, and packaged cut tobacco) must apply for trademark registration. Without approved registration, the goods shall not be sold in the market.

2. Principle of prominence. The trademark applied for registration shall have distinctive features and be easy to identify, and shall not conflict with the legal rights previously obtained by others (such as design patent rights, name rights, and copyrights).

3. Principle of trademark legality. The trademark applied for registration shall not use signs prohibited by law. Registered trademarks using place names will continue to be valid. Without authorization, the agent or representative registers the trademark of the principal or represented person in his own name, and the principal or represented person raises an objection.

Registration is not allowed and use is prohibited. If a trademark contains a geographical indication of a commodity, but the trademark does not originate from the area indicated by the mark, and it misleads the public, it shall not be registered and its use shall be prohibited; except where the place name has other meanings or is part of a collective trademark or a certification mark; if it has been registered The trademark using the place name will continue to be valid.

4. When the trademark registration application is reviewed and announced, if two or more trademark registration applicants apply for registration of the same or similar trademarks on the same goods or similar goods, the preliminary The trademark that was applied for earlier will be reviewed and announced; if the application is made on the same day, the trademark that was previously used will be initially reviewed and announced, and applications from others will be rejected and will not be announced.

5. The principle of prohibiting preemptive registration of trademarks. When applying for trademark registration, you must not use unfair means to preemptively register a trademark that is already used by others and has certain influence. Can I apply for a patent for a store name? 3

How much does it cost to apply for a patent for a store name?

According to the provisions of the Patent Law, the name of a store cannot be patented, and the problems of the store do not meet the conditions for patent grant. , but you can apply for trademark rights.

Relevant legal knowledge

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

Article 25 No patent rights will be granted for the following items:

(1) Scientific discoveries;

(2) Rules and methods of intellectual activities;

(3) Diagnosis and treatment methods of diseases;

(4) Animal and plant species;

(5) Substances obtained by nuclear transformation;

(6) Printed matter A design made of patterns, colors, or a combination of the two that mainly serves as a logo.

Patent rights may be granted in accordance with the provisions of this Law for the production methods of the products listed in item (4) of the preceding paragraph.