What is the process that needs to be followed to register a trademark in Dongguan now? How should we register a trademark now? The editor has brought you relevant knowledge about the "trademark registration process", which may include you need. Information required for trademark registration in Dongguan

1. If applying for registration under a company name, a copy of the business license must be provided, and the official seal must be stamped on the copy of the business license;

2. If you apply for registration in your own name, you need to provide a copy of your personal ID card and a copy of the individual industrial and commercial household's business license. The copy of the individual industrial and commercial household's business license must be stamped with the official seal;

3. Provide trademark text or drawings. If the color needs to be protected, color drawings must also be provided;

4. Provide the goods/services to be registered, which can be based on the goods operated by the applicant or the services provided by the applicant, referring to the "Trademark Registration Use" Fill in the ninth edition of the "International Classification of Goods and Services" (Nice Classification) and the "Classification Table of Similar Goods and Services" modified by the Trademark Office based on the above-mentioned international classification table;

5. Provide official seal or signature "Trademark Agency Power of Attorney", which can be obtained from this website; especially note that the address on the "Trademark Agency Power of Attorney" should be exactly the same as the registered address on the business license. How to register a trademark in Dongguan?

1. 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 agent Organize agency services.

Note: If you have no experience in registering trademarks and do not understand the relevant laws and regulations, it is recommended that you entrust an agency to help, which will save you a lot of time and energy. The author has entrusted a similar agency to help me register before, and the entrustment fee ranged from 1,000 yuan to 300 yuan.

Inquiry

Before registering, it is best to find a comparison agency. Authoritative search company, because your trademark may be the same or similar to other registrants, so pre-registration search can greatly reduce the risk of trademark registration and improve the certainty of trademark registration.

Note: Because different people are responsible for trademark search and examination, and they may have different opinions on the examination, the results of the trademark search cannot be regarded as the final legal basis.

2. Prepare materials

Prepare 10 trademark drawings (for color trademarks of specified colors, 10 colored drawings and 1 black and white ink drawing should be submitted), the length and width should not be greater than 10 centimeters, not less than 5 centimeters. If the direction of the trademark pattern is unclear, arrows should be used to mark the upper and lower parts; if an individual applies, he or she must present his or her ID card and submit a copy plus a copy of the individual business license and the business scope must be consistent with the registered trademark; If the application is from an enterprise, a copy of the enterprise's "Business License" must be presented and submitted; a trademark registration application form with the official seal of the unit shall be submitted.

3. Start applying

4. Submit an application according to the classification of goods and services

Currently, goods and services are divided into 45 categories, among which goods 34 categories, 11 categories of services. When applying for 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 according to different categories.

5. Determination of the filing date

This is the most important point: Since trademark registration in my country adopts the first-to-file principle, once you have a dispute over trademark rights with other companies, the filing date will be determined. Prior companies will be protected by law. Therefore, it is very important to establish the filing date. The filing date shall be the date when the Trademark Office receives the application.

The next step is the three procedures of trademark review, preliminary review announcement, and registration announcement. It should be emphasized that for a trademark that has passed the preliminary review by the Trademark Office, registration can only be completed if an objection is raised by mistake three months after the announcement. The trademark is protected by law. The validity period of a registered trademark is ten years, calculated from the date of approval of registration. If the validity period expires and you need to continue to use it, you can apply for trademark renewal registration.

6. Receive the trademark registration certificate

After the trademark is registered, the Trademark Office issues a certificate to the registrant.

If the agent is organized through an agency, the agent will send the "Trademark Registration Certificate" to the registrant; if the registration is done directly, the registrant should arrive at the registrant within three months after receiving the "Notice of Collecting the Trademark Registration Certificate" When collecting the certificate from the Trademark Office, you should also bring: a letter of introduction for obtaining the trademark registration certificate, the ID card of the person receiving the certificate and its copy, the original copy of the business license and a copy stamped with the seal of the local industrial and commercial department, the notice for obtaining the trademark registration certificate, the trademark If the name of the registrant is changed, a change certificate issued by the industrial and commercial department must be attached.

Note: It usually takes about one to three 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 24 to 30 months. , the objection period is three months, and it takes about two months from the approval announcement to the issuance of the certificate. Under what circumstances can it not become a trademark?

(1) Only the common name, graphics, and model of the product

The common name, graphics, and model of the product are used by a certain industry* They are all recognized and used in the same way, and there are some unique characteristics that distinguish this product from other products. No one should have a monopoly. Using common names and graphics as trademarks may also harm the interests of other practitioners in the same industry and violate the principle of fair competition. Since these marks themselves do not have the function of distinguishing different operators, however, when the common names, graphics, and models of these goods are used by a certain operator as trademarks for their own goods, and through use, consumers are able to distinguish the goods with their marks. If it is distinguished from other goods of the same kind, it should be considered to have acquired distinctiveness and can be registered as a trademark. For example, "PDA" was originally a common name for handheld computers. When a manufacturer of a certain handheld computer used it as a trademark for its own products, through use, it could be completely distinguished from "Business Communication" and "Celebrity Brand" for similar products. When it is distinguished from "Kuaiyitong", it can be considered to be identifiable and can be registered according to current laws. Of course, ?PDA? was registered at a time when the law at that time clearly prohibited the registration of common names of goods as trademarks. This was not because it had gained recognition through use, but entirely because the examination department of the trademark authority did not understand ?PDA? Caused by an "accident" over the common name of a handheld computer. It must be pointed out that even if such a trademark is registered, the trademark owner has no right to prohibit others from using the common name on similar goods, because it is inherently "public property."

(2) It is prohibited to directly use words or graphics that express the characteristics of the goods as trademarks that only directly indicate the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods.

, the reason is the same as the aforementioned prohibition on using the common name and graphics of this product as a trademark. It should be pointed out that what is prohibited by law is only signs that directly represent the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods, while signs that indirectly represent or imply certain characteristics of the goods are It is not prohibited because signs that indirectly express or imply certain features of goods may often be trademarks with distinctive features. Even if it is a mark that directly indicates the characteristics of the product, it can also obtain distinctive features through use. For example, the "Mengniu" trademark used for milk and other dairy products, although it directly indicates the raw materials and origin of the product, after a long period of time and large-scale use, Use, has achieved very significant characteristics and recognisability. Similar trademarks would have encountered many difficulties if they wanted to be registered before the Trademark Law was revised in 2001. However, according to the provisions of Article 11 of the revised Trademark Law, it is easier to obtain approval for registration.

(3) Lack of distinctive features

Trademarks should have distinctive features, which is a positive condition for applying for registered trademarks. If a mark lacks distinctive features and is not identifiable, it cannot be obtained. Registration, but after trial, a connection is established between the trademark and the goods, and it obtains distinctive features and is easy to identify, it can be registered.

Trademark registration processTrademark registration