How does a company in Hefei register a trademark? What is the process of registering a trademark? The editor will share with you the process of registering a trademark for a Hefei company, for reference only!
Trademark registration What is the process?
The necessary procedures include five stages: application, formal review, substantive review, preliminary review announcement, and registration.
The first stage: After preparing the application documents and submitting them to the Trademark Office, you can get the submission list receipt from the Trademark Office on the same day. The list receipt has the "acceptance" stamp and receipt of the Trademark Office through the center. date, proving that the Trademark Office has received the relevant application documents. Generally, the original list receipt cannot be given to the customer, but only a copy, because the original list receipt is used by the agency to reconcile accounts with the Trademark Office.
The second stage: It will take about 1-3 months from the date when the Trademark Office receives the application documents to issue an "Acceptance Notice". Receipt of the "Acceptance Notice" proves that the application documents have been approved. The formal examination by the Trademark Office has entered the substantive examination stage. There is an application number on the acceptance notice of each trademark application. Substantive examination must be conducted in sequence and cannot be advanced under any circumstances.
The third stage: The substantive review will be completed about one to one and a half years after the acceptance notice. If the trademark passes the substantive review, the Trademark Office will issue a preliminary approval announcement for three months.
The fourth stage: After the preliminary approval announcement period expires and no one raises any objection, the Trademark Office will issue a registration announcement. The registration announcement proves that the trademark has been approved and the trademark applicant has obtained exclusive rights to the trademark. right.
The fifth stage: The trademark registration certificate can be obtained in about one month from the date of the registration announcement.
Materials required for trademark registration
To apply for trademark registration, a "Trademark Registration Application" and other documents should be submitted to the Trademark Office. The specific requirements are:
(1) The applicant must submit one "Application for Trademark Registration" in accordance with the principle of one application for one trademark for one category of goods. That is to say, the goods or services reported in an application can only be limited to one category in the "International Classification of Goods and Services for Trademark Registration". If you entrust a trademark agency to handle the matter on your behalf, you should also submit a "Trademark Agency Power of Attorney".
(2) The "Application for Trademark Registration" should be filled out neatly, and the applicant's name and address should be accurate.
(3) Each application should be accompanied by 10 trademark drawings (color trademarks of designated colors, 10 colored drawings, and 1 black and white ink draft).
(4) Present a copy of the enterprise's business license or provide a copy of the business license signed and sealed by the issuing authority. If you apply for a registered trademark in the name of a natural person, you should provide the corresponding identity document.
(5) Application documents should be in Chinese, and foreign language documents should be accompanied by Chinese translations.
(6) If applying for registration using a portrait as a trademark, the applicant must provide a letter of authorization from the portrait owner and it must be notarized by a notary public.
(7) If a foreign applicant claims priority, he must fill in the initial filing country, initial filing date and application number on the application form, and must submit priority certification documents to the Trademark Office within 3 months. If the supporting documents are not submitted within the time limit, it will be deemed that priority has not been claimed.
(8) When applying for registration of collective trademarks or certification trademarks, corresponding articles of association and subject qualification certificates are also required.
What should you pay attention to when registering a trademark?
When applying for trademark registration, you should apply by category according to the published classification table of goods and services. For each trademark registration application, one copy of the "Application for Trademark Registration" and five copies of the trademark drawings must be submitted to the Trademark Office; if the color is specified, five copies of the colored drawings and one black and white draft must be submitted.
The trademark pattern must be clear and easy to paste, printed on smooth and durable paper or replaced with a photo. The length or width should be no more than 10 cm and no less than 5 cm.
If you apply for a registered trademark with a three-dimensional mark, you must declare it in the application and submit a drawing that can determine the three-dimensional shape.
If you apply for a registered trademark based on a color combination, you must declare it in the application and submit a text description.
If you apply for registration of a collective trademark or certification mark, you must declare it in the application, and submit the subject qualification documents and usage management rules.
If the trademark is in a foreign language or contains a foreign language, the meaning shall be explained.
When applying for trademark registration, the applicant should submit a copy of a valid certificate that can prove his or her identity. The name of the trademark registration applicant shall be consistent with the documents submitted.
The product name or service items shall be filled in according to the goods and services classification table; if the product name or service items are not included in the goods and service classification table, a description of the goods or services shall be attached.
Trademark registration applications and other relevant documents must be typed or printed.
***If you are applying to register the same trademark, you should designate a representative in the application; if there is no designated representative, the first person listed in order in the application will be the representative.
If the applicant changes its name, address, agent, or deletes the designated goods, it can go through the change procedures with the Trademark Office.
If the applicant transfers his trademark registration application, he should go through the transfer procedures with the Trademark Office.
The application date for trademark registration shall be the date when the Trademark Office receives the application documents. If the application procedures are complete and the application documents are filled in in accordance with regulations, the Trademark Office will accept the application and notify the applicant in writing; if the application procedures are incomplete or the application documents are not filled in in accordance with regulations, the Trademark Office will not accept the application and notify the applicant in writing and explain the reasons.
The application procedures are basically complete or the application documents are basically in compliance with the regulations, but if supplements and corrections are needed, the Trademark Office will notify the applicant to make supplements and corrections, and the applicant shall complete and return them according to the specified content within 30 days from the date of receipt of the notice. Trademark Office. If corrections are made and returned to the Trademark Office within the prescribed time limit, the application date will be retained; if corrections are not made upon expiration of the time limit, the application will be deemed to have been abandoned, and the Trademark Office shall notify the applicant in writing.
If two or more applicants apply for registration of identical or similar trademarks on the same or similar goods on the same day, each applicant shall receive a notice from the Trademark Office Submit evidence of prior use of the trademark before applying for registration within 30 days from the date of application. If they are used on the same day or are not used at all, each applicant can negotiate on their own within 30 days from the date of receiving the notice from the Trademark Office, and submit a written agreement to the Trademark Office; if they are unwilling to negotiate or the negotiation fails, the Trademark Office will notify each applicant to One applicant is determined by drawing lots, and other registration applications are rejected. If the Trademark Office has notified the applicant but does not participate in the lottery, the application will be deemed to have been abandoned, and the Trademark Office shall notify the applicant in writing that did not participate in the lottery.
If priority is claimed in accordance with Article 24 of the Trademark Law, the copy of the first trademark registration application document submitted by the applicant shall be certified by the trademark authority that accepted the application, and the application shall be marked. Date and application number.
If priority is claimed in accordance with Article 25 of the Trademark Law, the certification documents submitted by the applicant shall be certified by the agency specified by the administrative department for industry and commerce of the State Council; the international exhibition where its products are exhibited is in China Except for those held within the country.
Can a company name be registered as a trademark?
Our country allows company names to be registered and used as trademarks.
According to the spirit of my country’s trademark law, company names can be registered as trademarks. However, when an applicant uses the name of an enterprise as a trademark, the enterprise name must contain a significant part, and the enterprise name applied for as a trademark should be completely consistent with the name registered on the applicant's business license.
In the application for registration documents, the applicant may not indicate the relinquishment of exclusive rights for non-significant parts in the application. Because the administrative divisions, industries and corporate organizational forms of these signs cannot be exclusively used by a certain operator, they will be regarded as automatically giving up the exclusive rights during the trademark registration review process, and there is no need to specifically indicate the abandonment.
It should be noted that this kind of overall trademark registration with a company name is not conducive to the company's future transfer, licensing, and change of company name, etc.
The above is the Hefei company trademark registration process provided by the editor. I hope it will be helpful to everyone.
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