A company in Nanchang recently needed to register a trademark. How should it register a trademark now? The editor will share with you the process of registering a trademark in Nanchang, for reference only!

(1) Application agency

Domestic applicants for trademark registration can directly go to the Trademark Office to apply for registration by themselves, or they can entrust a trademark agency organization handle. When foreigners or foreign enterprises apply for registered trademarks and handle other trademark matters in my country, they should entrust a legally established trademark agency organization to act as their agent.

When a party entrusts a trademark agency organization to apply for trademark registration or handle other trademark matters, the party shall submit a power of attorney. The power of attorney shall state the content and authority of the agency; the power of attorney for foreigners or foreign enterprises shall also state the nationality of the principal.

(2) Registration application

When applying for trademark registration for the first time, the applicant shall submit an application form, trademark drawings, supporting documents and pay the application fee. The applicant for drug trademark registration shall be accompanied by a copy of the drug production enterprise license or drug trading enterprise license issued by the health administrative department. If applying for trademark registration of tobacco products, the applicant shall be accompanied by certification documents of production approval by the national tobacco authority. During the use of a registered trademark, if the scope of use needs to be expanded, a separate application for registration must be submitted regardless of whether the expanded goods are of the same category as the goods for which the original registered trademark is used; if the registered trademark needs to change its logo, a new registration application must be submitted ; If a registered trademark needs to change the name, address or other registration matters of the registrant, a change application should be submitted. Under the first-to-file principle, the determination of the filing date is of great significance. The application date is generally based on the date when the Trademark Office receives the application documents. If the applicant enjoys priority, the priority date shall be the filing date. The Trademark Law stipulates two situations in which priority can be enjoyed: First, the trademark registration applicant files another application for the same trademark in China for the same goods within 6 months from the date when the trademark registration application is first filed in a foreign country. If you apply for trademark registration, you can enjoy priority in accordance with the agreement signed by the foreign country with China or the international treaty that both countries are a party to, or in accordance with the principle of mutual recognition of priority; secondly, if the trademark is registered in an international forum sponsored or recognized by the Chinese government, If the trademark is used for the first time on a product exhibited at an exhibition, the applicant for registration of the trademark can enjoy priority within 6 months from the date the product is exhibited.

(3) Review and Approval

The Trademark Office will review the trademark registration applications accepted in accordance with the law, and the registration applications that comply with the regulations or that use the trademark on some designated goods comply with the regulations. If the registration application does not comply with the regulations or the registration application for use of the trademark on some designated goods does not comply with the regulations, the registration application for use of the trademark on some designated goods shall be rejected or the application for use of the trademark on some designated goods shall be rejected, and the applicant shall be notified in writing and Give reasons. If a trademark registration applicant is dissatisfied with the rejection of the application, he may apply to the Trademark Review and Adjudication Board for review in accordance with the law. If he is dissatisfied with the review decision, he may file an administrative lawsuit within 30 days from the date of receipt of the notice.

Anyone can file an objection to a preliminary approved trademark within 3 months from the date of announcement. The Trademark Office will rule on the objection filed in accordance with the law. If the party concerned is dissatisfied with the ruling, it may initiate a review in accordance with the law. If the party is dissatisfied with the review ruling, it may initiate a lawsuit in accordance with the law.

If the parties concerned have no objections to the expiration of the announcement period, the registration will be approved, a trademark registration certificate will be issued, and the announcement will be made. If the objection is determined to be untenable and the registration is approved, the time for the trademark registration applicant to obtain the exclusive right to trademark shall be calculated from the expiration of the 3-month period from the preliminary announcement. A trademark registered upon approval of opposition will not have retroactive effect against others using signs that are identical or similar to the trademark on the same or similar goods from the expiration of the trademark opposition period until the opposition ruling takes effect; however, because The user shall compensate the trademark registrant for any losses caused by his bad faith.

What are the ways to obtain a trademark?

The acquisition of trademark rights can be divided into original acquisition and inherited acquisition. According to Article 3 of my country’s Trademark Law, the original acquisition of trademark rights should be handled in accordance with trademark registration procedures. The exclusive right enjoyed by the trademark registrant over the registered trademark is protected by law. Succession and acquisition shall be handled in accordance with the procedures for contract transfer and inheritance of registered trademarks.

The system established by my country’s Trademark Law for the acquisition of trademark rights is that trademarks adopt the principle of voluntary registration. In reality, some people apply for registered trademarks, and some people do not register the trademarks they use. As a result, two situations arise in accordance with legal provisions. One is a registered trademark, and the other is an unregistered trademark. Both of these trademarks exist legally. Unregistered trademarks cannot be dismissed because they are not registered. Its use is not allowed.

What are the benefits of registering a trademark?

To a large extent, registering a trademark is to further seize the market, consolidate the market, and enhance the market value of the brand. From a national legal perspective, a registered trademark can protect your trademark from infringement and use by others, and can maintain the credibility and image of your products. In addition, a registered trademark can not only enhance consumers' sense of identity, but also enhance the company's own belief in maintaining brand value, enhance brand image, and expand the market in the international market.

Precisely because trademarks can bring trust and trust to so many consumers, it is particularly important for companies to have their own trademarks. In addition, registered trademarks also have a series of benefits:

1. Registered trademarks indicate the uniqueness of the goods. In the country and even the world, only companies that own this trademark can use it. Any other Enterprises cannot use it without authorization. This protects corporate trademarks from infringement and brand value from theft to a certain extent.

2. Registered trademarks can also form a unique brand image wherever you see such a trademark. It can remind consumers of this product and create a certain sense of market identity.

3. Registering a trademark can take this as an opportunity to conduct international trade, gain certain international recognition, and then form a certain international status.

4. After registering a trademark, if the trademark is no longer used in the future, it can be transferred or mortgaged.

The Importance of Trademark Registration

Trademarks actually play a very important role. Many companies may ignore the importance of trademarks, which results in being accused of not registering a trademark. Other companies rush to register trademarks and make them the property of others. Some people think that everything will be fine after registering with the Industrial and Commercial Bureau. In fact, this is not the case. The registration of a company name and the trademark of a product are separate matters and should not be confused. The company is registered with the Industrial and Commercial Bureau. The name cannot be the same in one place, but the trademark is different. If you have company A in place A, other companies can no longer use the name a, but can use the name b. If both a and b have registered trademarks, then it is illegal for a to use b's trademark, and if a uses b's trademark to advertise, it will also be punished by law.

Some people think that our company’s products are not big brands, so how can they be registered by others? This involves the issue of trademark registration. In fact, no matter how big or small a brand is, it will have corresponding brand benefits. If this brand is recognized by everyone, then its sales will be guaranteed in the chain across the country and even the world, and everyone will easily accept it.

There is a well-known hot pot brand called Haidilao, which everyone is familiar with. After their staff discovered that a restaurant in Beijing used Tiantian Haidilao for promotion, they took the restaurant to court and received a compensation of 40 RMB. Ten thousand yuan. Some businesses make mistakes because they don’t know about trademark brands. In the above example, they clearly know that there is a brand called Haidilao, and this brand is doing well. They want to use the power of this brand to win profits. This is It's illegal.

Things to note when registering a trademark

1. Blind registration: Some agencies tell clients that if I help you register your trademark, it will definitely be registered, and some even guarantee that it will be registered. (Trademark registration must be reviewed by the Trademark Office reviewers before it can be finalized, and there are blind spots in the early search for trademark names. No one can guarantee that a trademark can be registered).

2. Non-professional registration: Many agencies will also check trademark names for customers in the early stage, but the vast majority of trademarks have similar trademarks that have been registered or are applying for registration. At this time, those that are similar to yours Whether a trademark with a similar trademark name will hinder your trademark registration is a very professional job. He needs rich experience to make an accurate judgment. However, some agencies do not have such professional quality at all, and If you want to attract customers and help them register, you can imagine what you will get after two years.

3. Blind spot registration: It is the blind spot in trademark search. For example, I want to see which trademark applications were submitted yesterday or the day before yesterday, but I cannot search under the existing technical conditions. Risks have arisen, so how to solve them? The best way to deal with blind spots is tracking and query services, which can track and query the information submitted for trademarks in a timely manner and minimize the risks of trademark registration.

So when choosing an agency, you must choose a company with deep qualifications and high professional quality, so that you can avoid risks as much as possible and improve the success rate of trademark registration.

The above is the Nanchang trademark registration process provided by the editor. I hope it will be helpful to everyone.

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