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 have signed an agreement with China or participated in international treaties with the Chinese Communist Party or based on 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 submit a trademark registration application to the Trademark Office on a voluntary basis (from November 1, 2001, the my country Trademark Office began to accept applications for registered trademarks from natural persons. ).

At present, 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 class 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 classes of goods, he should file registration applications in different classes according to the goods 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 the 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 review and announcement will be made. 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. Validity Period of a Registered Trademark A registered trademark is valid for 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. Identity card and copy of the licensee;

3. Original copy of business license, the copy should be stamped with the local industrial and commercial department 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 does a natural person apply for a registered trademark?

When a natural person in mainland China applies for trademark registration, in addition to submitting the trademark registration application, trademark drawings and other materials in accordance with relevant regulations, he should also pay attention to the precautions for natural persons applying for trademark registration. Require.

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. What matters should individuals pay attention to when applying for registered trademarks

How do individuals register trademarks? In actual application, the trademark registration application procedure is relatively complicated. One is that you can handle it yourself, and you can also entrust a professional to handle it at the same time. There are also some things that need to be paid attention to in order to avoid problems during the review, resulting in trademark registration failure.

1. How to register a trademark as an individual

How to register a trademark:

1. Go directly to the State Administration for Industry and Commerce for consultation and registration

2. Entrust An agency or a professional trademark lawyer can register a trademark

The process of registering a trademark: Design a trademark? Search for a trademark (the most important)? Prepare the materials required for trademark registration (detailed later)? Submit a registration application (official Fee 1,000 yuan)? Wait for successful registration (notice of trademark acceptance will be issued in about a week, and registration will be successful in 1 and a half years at the fastest).

Materials required to register a trademark: copy of individual business license; ID card; trademark LOGO; category (product) for which the trademark is to be registered.

II. Notes on Trademark Registration

When handling trademark registration, transfer and other application matters in the name of a natural person, in addition to submitting the "Trademark Registration Application", trademark drawings and other materials in accordance with relevant regulations, You should also pay attention to the following matters:

Individual industrial and commercial households can apply for trademark registration in the name of the applicant with the name registered in their "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. Registration application. 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.

An individual partnership may file a trademark registration application in the name of the applicant with the trade name registered in its "Business License" or the trade name registered in the registration document of the relevant competent authority, or it may file a trademark registration application jointly in the name of all partners. Trademark registration application. When applying in the name of all partners, copies of the following materials should be submitted:

(1) Partner’s ID card;

(2) Business license;

(3) Partnership agreement.

Rural contract operators can apply for trademark registration in the name of the person who signed the contract. When applying, they should submit copies of the following materials

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

(2) Contract.

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.

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

For trademark registration applications that do not comply with the provisions of Article 4 of the Trademark Law, the Trademark Office will not accept the application and notify the applicant in writing. If the applicant provides false materials to obtain trademark registration, the Trademark Office will revoke the registered trademark.

The application time for ordinary trademark registration is 18 months, but according to the current actual situation, the time for trademark registration is generally 2-3 years.

The trademark registration fee is 1,000 yuan per unit (official fee), plus a certain amount of agency fees. The agency fees vary from region to region. After the rated 10 product categories are exceeded, an additional product will cost RMB 100 yuan. At present, the Trademark Office has implemented online registration on a trial basis. If online registration is adopted, the registration fee is 800 yuan per person (official fee).

When applying for trademark transfer, if the transferee is a natural person, you should refer to the above matters.

The above is what the editor has provided for you: Fuzhou company trademark registration process?, I hope you like it! Company registration