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216 Tianjin Free Trade Zone Company's trademark registration process

There are many companies that register trademarks now, but how should Tianjin Free Trade Zone register trademarks? Xiaobian brought it to you? Handling the trademark registration process? Related knowledge, which may be what you need. Detailed process of registered trademark in Tianjin Free Trade Zone

Trademark registration process I. Formal examination

If the application procedures are complete and the application documents are filled in according to the regulations, the Trademark Office will issue a notice of acceptance.

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 meet the requirements, but need to be corrected, the Trademark Office will issue a notice of correction of the application for trademark registration. If the applicant makes corrections within the time limit and returns them to the Trademark Office, the date of application shall be kept; If no correction is made or the correction is made within 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 ii. substantive examination

a trademark application enters substantive examination after passing formal examination. After substantive examination, the Trademark Office shall preliminarily examine and approve any trademark application that meets the relevant provisions of the Trademark Law and make an announcement.

if the application is rejected, a notice of rejection shall be issued to the applicant.

if the trademark office thinks that the contents of the application for trademark registration can be amended, it will issue a review opinion. If the applicant gives a reply within the time limit, the Trademark Office will continue the examination.

the trademark that has been preliminarily approved after examination shall be announced by the China Trademark Office in the Trademark Announcement.

within three months from the date of announcement, anyone can raise an objection to the trademark preliminarily approved by China Trademark Office.

if there is no objection or the objection is not established after ruling, the Chinese Trademark Office will approve the registration, issue a trademark registration certificate and make an announcement in the Trademark Announcement; If the objection is established by ruling, the registration shall not be approved.

request for reexamination

in the process of trademark registration, if the applicant is not satisfied with the rejection of the trademark registration application by the Trademark Office, he may request reexamination from the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board will make a final decision on whether to approve or not to register, and notify the applicant in writing. If the party concerned refuses to accept the objection ruling of the Trademark Office, he may request a reexamination to the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board will make a final decision and notify the parties in writing. Information required for registering a trademark in Tianjin Free Trade Zone

1. To apply for registration under the name of an enterprise, a copy of the business license shall be provided and the official seal shall be affixed to the copy of the business license;

2. To apply for registration in a personal name, one copy of personal ID card and one copy of business license of individual industrial and commercial households shall be provided, and the copy of business license of individual industrial and commercial households shall be stamped with official seal;

3. Provide trademark words or patterns, and provide color patterns if color protection is needed;

4. The items of goods/services to be registered can be filled in according to the goods or services operated by the applicant, with reference to the ninth edition of the International Classification of Goods and Services for Trademark Registration (Nice Classification) and the Classification Table of Similar Goods and Services revised by the Trademark Office according to the above international classification table;

5. provide the power of attorney for trademark agency with official seal or signature, which can be downloaded from this website; In particular, the address in the Power of Attorney for Trademark should be exactly the same as the registered address in the business license. What are the trademarks that can be applied for registration in Tianjin Free Trade Zone?

The trademarks that are applied for registration shall be distinctive and prohibited words and graphics shall not be used.

Article 9 of the Trademark Law stipulates: A trademark applied for registration shall have distinctive features and be easy to identify? . The requirement that a trademark must have distinctive features is determined by the recognition function of the trademark. When a trademark is used in the market, it should be obvious to consumers that it is a trademark, not a decoration or explanation. Therefore, it is necessary for a trademark to have distinctive features and be easy to identify.

except for its distinctiveness, according to the provisions of Articles 1 and 11 of the Trademark Law, a trademark shall not use the following words and figures:

(1) A trademark is prohibited if it is identical with or similar to the national name, national flag, national emblem, military flag and medal of the People's Republic of China.

(2) A trademark that is identical with or similar to a foreign country's name, national flag, national emblem or military flag is prohibited. Except those agreed by the government.

(3) identical with or similar to the name, flag and emblem of an intergovernmental international organization. Except with the consent of the organization or not easily misleading the public.

(4) It is the same as or similar to the official mark or inspection mark indicating the implementation of control and guarantee. Except those authorized.

(5) same? Red Cross? 、? Red Crescent? The logo and name are the same or similar.

(6) the common name and figure of this product. The common name of this commodity refers to the name of a certain kind of commodity that is commonly used in a certain range. Common names and graphics of commodities are prohibited as trademarks of this commodity, on the one hand, because they cannot distinguish different operators and are not significant; On the other hand, it is to prevent common names and graphics from being unfairly monopolized by exclusivity. However, such names or figures can be approved if they are combined with distinctive signs to apply for registration.

(7) directly indicating the quality, main raw materials, function, use, weight, quantity and other characteristics of a commodity. Words or graphics that directly indicate the quality, main raw materials, functions, uses, weight, quantity and other characteristics of goods or services are descriptive words or graphics commonly used by operators in their goods or services, which belong to the category of * * *, and exclusive monopoly should be prohibited. If the words or graphics of a trademark indirectly describe or only imply the quality of the goods or services it uses, or other parts of the trademark are significant, it may be registered.

(8) with ethnic discrimination.

(9) exaggerated propaganda and deceptive. The words, graphics or their combination of trademarks exaggerate and publicize the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods and services they use, and are deceptive, and are prohibited as trademarks. However, those who exaggerate but are not deceptive are not subject to this restriction.

(1) It is harmful to socialist morality or has other adverse effects. Any violation of social public interests and public order, and violation of socialist morality, are prohibited by this clause.

(11) Geographical names of administrative divisions at or above the county level or foreign geographical names known to the public shall not be used as trademarks, except that geographical names have other meaning or are part of collective trademarks or certification trademarks.

The trademark of famous local works is easily regarded as indicating that the goods and services come from a certain place, which lacks the function of distinguishing different operators and is not suitable for one monopoly. Therefore, the prohibition of geographical names as trademarks is one of the international practices.

in addition to the above contents, the trademark law also requires that a trademark applied for registration shall not infringe upon other people's prior rights, such as copyright and patent right of design, and shall not copy or imitate other people's well-known trademarks.

trademark registration process.