nowadays, what materials do you need to prepare to apply for a trademark? Let's take a look at what the following small series brings to you? What information do you need for trademark application? There may be something you need. .
what materials should be prepared for trademark application?
(1) If you apply in the name of a natural person, you need to show your ID card and submit a copy of your identity. If you apply for registration with an enterprise as the applicant, you need to show a copy of the business license of the enterprise and provide a copy of the business license signed by the issuing authority. A complete application for trademark registration stamped with the official seal of the unit and personal signature.
(2) 1 trademark designs (for colored trademarks with specified colors, 1 colored designs and 1 black-and-white ink draft should be submitted). The trademark pattern provided must be clear and easy to paste, and be replaced by bright and durable paper or photos, with the length and width not more than 1 cm and less than 5 cm. Where the direction of the trademark pattern is unclear, the arrow shall be used to indicate the top and bottom. When applying for the trademark of cigarettes and cigars, the design can be as large as the actual use.
(3) Prepare the corresponding registration fee: the registered trademark fee: 1 yuan. If you entrust a trademark agency, you need to pay the trademark agency fee and trademark inquiry fee around 1 yuan.
how to apply for a registered trademark?
trademark registration is a trademark legal procedure. An application filed by an applicant for trademark registration shall be preliminarily examined and approved by the Trademark Office. If no objection is raised within three months or the objection is ruled invalid, the trademark shall become effective and protected by law, and the trademark registrant shall enjoy the exclusive right to use the trademark. It takes about one year to one and a half years for a trademark to be registered. There is no statutory time limit for the approval or rejection of an application for trademark registration. At present, the trademark is announced in the first instance about two years from the date of application (earlier if it is rejected). If there is no objection to the trademark within three months from the date of the announcement of the first instance, the Trademark Office will examine and announce the trademark, and then issue a trademark registration certificate, and the trademark will be approved. The time period of trademark examination will change at any time according to the speed of internal examination in the Trademark Office. The term of validity of a registered trademark is ten years, counting from the date of approval of registration. If the registered trademark expires and needs to be used continuously, it may apply for renewal of registration.
What are the trademark registration processes
1. Preparation for registration
Choose the registration method
One is to apply for registration at the Trademark Office of the State Administration for Industry and Commerce; The other is to entrust an experienced trademark agency to organize agency services.
2. Preparation materials
Prepare 1 pieces of trademark patterns (for colored trademarks with specified colors, 1 pieces of colored patterns should be submitted, and 1 piece of black-and-white ink draft), with the length and width not more than 1 cm and not less than 5 cm. If the direction of trademark patterns is unclear, the arrows should be used to indicate the upper and lower parts; If an individual applies, he/she needs to show his/her ID card and submit a copy, plus a copy of his/her business license, and the business scope is consistent with the registered trademark; If an enterprise applies, a copy of the Business License of the enterprise shall be presented and submitted; An application for trademark registration with the official seal of the unit.
3. Start to apply
4. Apply by category of goods and services
At present, goods and services are divided into 45 categories, including 34 categories of goods and 11 categories of services. When applying for registration, the categories of goods or services that use trademarks shall be determined according to the classification of goods and services classification table; Where the same applicant uses the same trademark on different categories of goods, he shall apply for registration according to different categories.
5. Determination of the date of application
This is the most important point: since the principle of prior application is adopted in China's trademark registration, once you have a trademark dispute with other enterprises, the enterprise with prior application date will be protected by law. Therefore, it is very important to establish the application date, which is based on the date when the Trademark Office receives the application.
there are three procedures: trademark examination, preliminary examination announcement and registration announcement. It should be emphasized that a trademark that has passed the preliminary examination by the Trademark Office cannot be registered until three months after the announcement, and the trademark is protected by law. The period of validity of a registered trademark is ten years, counting from the date of approval of registration. If it is necessary to continue to use the trademark after the expiration of the validity period, it may apply for trademark renewal registration.
6. Obtain a trademark registration certificate
After the trademark registration is completed, the Trademark Office issues a certificate to the registrant.
if it is organized through an agent, the agent sends the Trademark Registration Certificate to the registrant; In case of direct registration, the registrant should go to the Trademark Office to obtain the trademark certificate within three months after receiving the Notice of Obtaining the Trademark Registration Certificate, and at the same time, he should also bring: a letter of introduction to obtain the trademark registration certificate, the ID card and photocopy of the witness, the original copy of the business license and the photocopy stamped by the local industrial and commercial department, the notice of obtaining the trademark registration certificate, and the certificate of change issued by the industrial and commercial department if the name of the trademark registrant changes.
note: it usually takes about one year to three and a half years from the application to the issuance of a new trademark, in which the acceptance and formal examination of the application take about one month, the substantive examination takes about 24 to 3 months, the objection period is three months, and the approval announcement takes about two months to the issuance of the trademark.
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Materials required for the application of a well-known trademark
1. Relevant materials to prove the public's awareness of the trademark;
2. Relevant materials proving the use duration of the trademark, including the history and scope of the use and registration of the trademark;
3. Relevant materials proving the duration, degree and geographical scope of any publicity work of the trademark, including the way of advertising and promotion activities, geographical scope, types of publicity media, advertising volume and other relevant materials;
4. Relevant materials proving that the trademark was protected as a well-known trademark, including relevant materials that the trademark was protected as a well-known trademark in China or other countries and regions;
5. Other evidential materials to prove that the trademark is well-known, including the output, sales volume, sales revenue, profits and taxes, sales area and other relevant materials of the main commodities using the trademark in the past three years.
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