Daqing Trademark Application Process

A company in Daqing needs to apply for a registered trademark. What is the process required to register a trademark now? Let’s take a look at the following article brought to you by the editor: Daqing trademark application process?, which may include you need.

How to apply for a registered trademark?

(1) Application for registration

1. Only individuals or groups meeting the following conditions can apply for a trademark in my country:

Applicants for trademark registration must be: legally established enterprises, institutions, social groups, individual industrial and commercial individuals, individual partnerships or sign an agreement with China or participate in international treaties with the Chinese Communist Party or in accordance with the principle of reciprocity Foreigners or foreign enterprises in the country where the application is processed meet the above conditions. When they need to obtain the exclusive right to use a trademark, they must apply for trademark registration to the Trademark Office on a voluntary basis (from November 1, 2001, the Trademark Office of my country began to accept applications for registered trademarks from natural persons. ).

2. File an application according to the classification of goods and services:

Currently, my country’s trademark law implements the International Classification of Goods, which divides more than 10,000 kinds of goods and services into 45 Categories, including 34 categories of goods and 11 categories of services. When applying for trademark registration, the category of goods or services for which the trademark is used should be determined according to the classification of the goods and services classification table. If the same applicant uses the same trademark on different categories of goods, he should file registration applications in different categories according to the commodity classification. This can avoid The unfair expansion of the scope of application of trademark rights is also conducive to the approval of examiners and the protection of trademark exclusive rights.

3. Determination of trademark application date:

It is very important to establish the application date. , since my country’s trademark registration adopts the first-to-file principle, once the application date occurs, it becomes the legal basis for determining trademark rights. The application date for trademark registration shall be based on the date when the Trademark Office receives the application document (the smallest unit of date is)

(2) Trademark review

Trademark review is the inspection, data retrieval, analysis and comparison, investigation, research and decision made by the trademark registration authority to determine whether the trademark registration application complies with the provisions of the trademark law. A series of activities including preliminary review or rejection of the application.

(3) Preliminary Examination Announcement

Trademark approval refers to the decision to allow registration of a trademark registration application that complies with the relevant provisions of the Trademark Law after review. And be announced in the "Trademark Announcement". If no one raises any objection to a preliminary approval trademark within three months from the date of publication of the preliminary approval announcement, the trademark will be registered and a registration announcement will be published at the same time.

(4) Registration Announcement

Trademark registration is a trademark legal procedure. The trademark registration applicant submits an application, and after review by the Trademark Office, a preliminary approval is announced. If no one raises an objection within three months or the objection is ruled to be invalid, the trademark will be registered and effective, protected by law, and the trademark registrant will enjoy the trademark. exclusive rights. It takes about one to one and a half years from application to approval of registration for a trademark. The validity period of a registered trademark is ten years, starting from the date of approval of registration. If the registered trademark expires and you need to continue to use it, you can apply for trademark renewal registration.

(5) Receive the Trademark Registration Certificate

Through an agent, the agent will send the "Trademark Registration Certificate" to the trademark registrant.

To apply for trademark registration directly, the trademark registrant should go to the Trademark Office to obtain the certificate within three months after receiving the "Notice of Obtaining the Trademark Registration Certificate". At the same time, he should also bring:

1. Letter of introduction to receive the trademark registration certificate;

2. ID card and copy of the licensee;

3. Original copy of business license, the copy should be stamped with the local industrial and commercial department Seal stamp;

4. Notice of receiving the trademark registration certificate;

5. If the name of the trademark registrant is changed, a change certificate issued by the working department must be attached.

Another: Trademark registration application time: It generally takes about one and a half years from application to issuance of a newly applied trademark, of which application acceptance and formal review takes about one month, and substantive review takes about one year. , the objection period is three months, and it takes about two months from the approval announcement to the issuance of the certificate.

How to apply for a trademark and oppose it

A brief description of the trademark registration certificate

The trademark registration certificate is a written certificate issued for the convenience of the trademark registrant. It is consistent with the "Trademark Registration Certificate" Registration Certificate" has the same legal effect. Applicants who provide a trademark registration certificate application must be the owner of the registered trademark.

1. Processing methods

There are two ways to apply for a trademark registration certificate:

(1) Entrust a nationally recognized trademark agency to handle the application.

(2) Applicants should go directly to the trademark registration hall of the Trademark Office to apply.

2. Processing steps

(1) If a trademark agency is entrusted to handle the matter, the applicant can voluntarily choose any nationally recognized trademark agency to handle the matter. All trademark agencies registered with the Trademark Office are published in the "Agency" column.

(2) If the applicant goes directly to the Trademark Registration Hall of the Trademark Office, the applicant can follow the following steps:

Prepare the application documents? Go to the acceptance window of the Trademark Registration Hall Submit application documents? Print the barcode at the coding window? Pay the application fee at the payment window

3. Preparation of application documents

When applying for a trademark registration certificate, The following documents should be submitted:

1. Provide a registration certificate for a registered trademark for each application and submit an application for a trademark registration certificate;

2. Go directly to the trademark registration hall If you want to apply, submit a copy of the "Trademark Registration Certificate", the ID card of the person in charge and its copy; if you entrust a trademark agency to handle it, submit a trademark agency power of attorney.

Note: When applying for an international registration certificate, add ?G? before the international registration number and indicate the category of the application.

IV. Payment of fees

The fee for each application for providing a trademark registration certificate is 100 yuan.

If a trademark agency is entrusted to handle the matter, the applicant shall pay the trademark registration certificate fee and agency fee to the trademark agency. The trademark registration certificate fee collected by the Trademark Office will be deducted from the advance payment of the trademark agency. .

5. Obtaining the Trademark Registration Certificate

If the application documents for the Trademark Registration Certificate are complete and comply with the regulations, the Trademark Office will generally issue the Trademark Registration Certificate within three months and mail it to applicant.

If a trademark agency is entrusted to handle the matter, the Trademark Office will mail the trademark registration certificate to the trademark agency.

6. Special Statement

(1) The above content is not an official document issued by the State Administration for Industry and Commerce or the Trademark Office of the State Administration for Industry and Commerce. Therefore, all content is instructive. , without any legal binding force.

(2) The above content was completed in December 2003. If there are changes in the future, or if there is any inconsistency with the requirements of the receptionist at the trademark registration hall during the processing, the requirements of the receptionist should prevail.

How to apply for trademark opposition

A brief description of trademark opposition

Trademark opposition is a preliminary review of a trademark that is clearly stipulated in the Trademark Law and the Implementation Regulations of the Trademark Law. The purpose of the legal procedure for publicly soliciting public opinions is to supervise the Trademark Office to confirm trademark rights fairly and openly. Anyone who has different opinions on the preliminary approval of a trademark may file an objection with the Trademark Office within the three-month objection period from the date of the preliminary approval announcement.

1. Handling Channels There are two ways to file an objection application to the Trademark Office:

(1) Entrust a nationally recognized trademark agency to handle the application. (2) The objector handles the matter himself.

2. Preparation of application documents Documents to be submitted:

(1) Trademark opposition application;

(2) Clear requests and facts basis, and attached with relevant evidence materials, the reason for opposition should be signed or stamped with the official seal of the opponent;

(3) A copy of the preliminary approval announcement of the opposed trademark;

( 4) Proof of identity of the opponent;

(5) Copy of the handler's ID card;

(6) Submit the "Trademark Agency Power of Attorney".

3. Notes

1. The opponent can only object to a trademark that has been initially approved by the Trademark Office and published in the "Trademark Announcement" within the objection period. The opposition period is 3 months, calculated from the date of the preliminary approval announcement of the opposed trademark to the day before the registration announcement.

2. The objection raised by the opponent should have a clear request and factual basis and be supported by corresponding evidence. If the evidence cannot be submitted when filing the objection application, it should be stated in the objection application, and the evidence should be submitted within 3 months from the date of filing the objection application (replenishment can be submitted by mail within 3 months).

3. If the last day of the objection period is a legal holiday, it can be postponed to the first working day after the holiday.

4. After receiving the trademark objection application, the Trademark Office will issue a "Notice of Acceptance" if it meets the acceptance conditions after formal review.

5. The time limit for trademark objection defense is 30 days, calculated from the date of receipt of the defense notice. The requirements and time limits for supplementing objections and submitting evidence also apply to the defense process.

6. The date when the opponent submits the opposition application to the Trademark Office: if submitted directly, the date of submission shall prevail; if submitted by mail, the date of the postmark shall prevail; if the postmark date is unclear or there is no postmark The date of actual receipt by the Trademark Office shall prevail.

IV. Special Statement

(2) The above content was revised in July 2006. If there are changes in the future, or if there is any inconsistency with the agent's requirements during the processing, the agent's requirements shall prevail.

How does a natural person apply for a registered trademark?

When a natural person in mainland China applies for trademark registration, in addition to submitting a trademark registration application, trademark drawings and other materials in accordance with relevant regulations, he should also pay attention to the natural person's requirements. Requirements for matters needing attention when applying for trademark registration. The specific content is as follows:

In accordance with Article 4 of the Trademark Law of the People's Republic of China, natural persons, legal persons or other organizations need to obtain exclusive rights to trademarks for their goods or services during production and business activities. , you should apply for trademark registration to the Trademark Office. The provisions of this Law on commodity trademarks apply to the provisions on service trademarks. When handling trademark registration, transfer and other application matters in the name of a natural person, in addition to submitting trademark registration applications, trademark drawings and other materials in accordance with relevant regulations, the following matters should also be paid attention to:

1. Individual industrial and commercial households can apply for trademark registration in the name of the applicant using the trade name registered in the individual industrial and commercial household business license, or they can also apply for trademark registration in the name of the person in charge registered on the license. When applying in the name of the person in charge, copies of the following materials should be submitted:

(1) ID card of the person in charge;

(2) Business license.

2. Rural contract operators can apply for trademark registration in the name of the person who signed the contract. Copies of the following materials should be submitted when applying:

(1) Identity of the person signing the contract Certificate;

(2) Contract.

3. Other natural persons who are legally permitted to engage in business activities may apply for trademark registration in the name of the operator listed in the registration document issued by the relevant administrative authority. Copies of the following materials should be submitted when applying. :

(1) ID card of the operator;

(2) Registration document issued by the relevant administrative authority.

4. The scope of goods and services for which a natural person applies for trademark registration shall be limited to the business scope approved by the business license or relevant registration documents, or to the agricultural and sideline products produced by the natural person.

Since 2013, some provinces, cities and regions that have carried out pilot work on the reform of the commercial registration system have begun to trial the new version of individual industrial and commercial household business licenses. The new version of the business license for individual industrial and commercial households no longer records business scope information. Instead, it has an "Important Tips" column, which states that the business scope of the commercial entity is determined by the application. Specific information can be inquired on the information platform designated by the registration authority. If the trademark registration application document containing a copy of the above-mentioned new version of the business license of an individual industrial and commercial household is handled by oneself in the trademark registration hall, the application document concerning the business scope, which has been signed or stamped by the applicant and confirmed to be true and valid, and downloaded and printed from the website designated by the registration authority, must be submitted at the same time. If you entrust an agent through a trademark agency, you should also submit certification materials on the business scope that have been stamped by the trademark agency and confirmed to be true and valid and downloaded and printed from the website designated by the registration authority.

5. The Trademark Office will not accept any trademark registration application that does not comply with the provisions of Article 4 of the Trademark Law.

If the applicant provides false materials to obtain trademark registration, the Trademark Office will revoke the registered trademark.

The above is the "Trademark Application Process in Daqing" provided by the editor. I hope you like it!

People who read "Trademark Application Process in Daqing" also read:

1. Trademark application process

2. Detailed trademark application process

3. Trademark application process and conditions

4. 2016 trademark application process

5. Trademark application process

6. How to apply for registered trademark process

7. Personal trademark application process

8. Apply for trademark Registration process

9. Registered trademark application process