What are the procedures and materials that need to be prepared for Hangzhou company’s trademark registration? The editor has brought you relevant knowledge about “trademark registration process materials”, which may be what you need. of. What information is needed for trademark registration in Hangzhou?
If you apply for trademark registration, you should submit the "Application for Trademark Registration" and other documents to the Trademark Office. The specific requirements are:
1. The applicant must press According to the principle of applying for one trademark for one category of goods, submit one "Application for Trademark Registration". 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 business license of the enterprise 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. When applying for registration of a trademark using a portrait, 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. Failure to submit supporting documents will be deemed to have not claimed priority.
8. When applying for collective trademark or certification trademark registration, you must also provide the corresponding articles of association and subject qualification certificate. Detailed process of trademark registration in Hangzhou
Trademark registration process 1. Formal review
After formal review, the application procedures are complete and the application documents are filled in as required, the Trademark Office will issue an acceptance notice.
If the application procedures are incomplete or the application documents are not filled in as required, a notice of rejection will be issued and returned, and the application date will not be retained.
If the application procedures are basically complete or the application documents basically comply with the regulations, but if supplements and corrections are needed, the Trademark Office will issue a notice of supplements and corrections to the trademark registration application. If the applicant makes corrections within the time limit and returns it to the Trademark Office, the application date will be retained; if the applicant fails to make corrections or makes corrections beyond the time limit, the Trademark Office will issue a notice of rejection and return it, and the application date will not be retained.
Trademark registration process 2. Substantive examination
After passing the formal examination, the trademark application enters the substantive examination. After substantive examination, any trademark application that complies with the relevant provisions of the Trademark Law will be initially reviewed and approved by the Trademark Office and announced.
If the application is rejected, a rejection notice will be issued to the applicant.
If the Trademark Office believes that the contents of the trademark registration application can be revised, it will issue an examination opinion. If the applicant responds within the time limit, the Trademark Office will continue the examination.
For trademarks that have been preliminarily approved after review, the China Trademark Office will announce them in the "Trademark Announcement".
Within three months from the date of announcement, anyone can object to a trademark initially approved by the China Trademark Office.
If there is no objection or the objection is ruled not to be established, the China Trademark Office will approve the registration, issue a trademark registration certificate, and announce it in the "Trademark Announcement"; if the objection is ruled to be true, the registration will not be approved.
Request for review
If the applicant is dissatisfied with the Trademark Office’s rejection of the trademark registration application during the trademark registration process, he or she may request a review from the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board will make a final decision on whether to grant registration or not, and notify the applicant in writing. If the party concerned is dissatisfied with the Trademark Office's objection ruling, he or she may request a review from the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board will make a final decision and notify the parties in writing. Under what circumstances cannot Hangzhou 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 All are 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.
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