What are the procedures for registering a trademark in Shenzhen? What are the main procedures for applying for trademark registration? The editor has brought you relevant knowledge about the procedure for registering a trademark, which may include There is what you need. Benefits of trademark registration in Shenzhen
1. It is convenient for consumers to recognize the brand and shop.
2. The trademark registrant has the exclusive right to use the trademark and is protected by law.
3. Through trademark registration, you can create a brand and occupy the market first.
4. A trademark is an intangible asset and its value can be evaluated.
5. Trademarks can be transferred, licensed to others, or pledged to realize their value.
6. Trademark is also a necessary condition for quality inspection, health inspection, bar code, etc.
7. Local industrial and commercial bureaus at all levels supervise the quality of goods and services through trademark management. Information required for registered trademarks in Shenzhen
1. If applying for registration in the name of a company, you need to provide A copy of the business license, and the official seal must be stamped on the copy of the business license;
2. If applying for registration in an individual name, a copy of the personal ID card and a copy of the individual business license are required , the copy of the business license of an individual industrial and commercial household must be stamped with the official seal;
3. Provide the trademark text or pattern, and if the color needs to be protected, the color pattern must also be provided;
4. Provide The goods/services to be registered can be based on the goods operated by the applicant or the services provided by the applicant, with reference to the ninth edition of the "International Classification of Goods and Services for Trademark Registration" (Nice Classification) and the "International Classification of Goods and Services" modified by the Trademark Office based on the above-mentioned international classification table. "Similar Goods and Services Classification Form" to fill in;
5. Provide the "Trademark Agency Power of Attorney" stamped with the official seal or signature, which can be obtained from this website; pay special attention to the "Trademark Agency Power of Attorney" The address on the business license should be exactly the same as the registered address on the business license. Detailed process for registered trademarks in Shenzhen
Trademark registration process 1. Formal review
After formal review, the application procedures are complete and the application documents are filled in in accordance with regulations, 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. Shenzhen trademark registration steps
1. Registration preparation. 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. Before registration, it is best to find a more authoritative query company to conduct pre-registration queries to reduce the risks of trademark registration and improve the certainty of trademark registration.
2. Prepare information, including trademark drawings, apply for a copy of the people's ID card and the company's "Business License" and submit the copies; a trademark registration application form with the official seal of the unit.
3. Start application
4. Submit an application according to the classification of goods and 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 a registration application according to different categories.
5. The application date is determined based on the date when the Trademark Office receives the application. Next are the three procedures of trademark review, preliminary review announcement, and registration announcement.
6. Receive the trademark registration certificate. Three principles for trademark registration in Shenzhen
1. Principles of classified application
One application is limited to one trademark. If you apply for the same trademark on different categories of goods, you should file a registration application in accordance with the commodity classification table;
If you use it on other goods of the same category, you should file a separate registration application.
2. Principle of Prohibition of Malicious Preemptive Registration
Trademark applicants shall not damage the existing prior rights of others, and shall not use unfair means to preemptively register trademarks that have been used by others and have certain influence. trademark.
3. Principle of first to apply
(1) First to apply, first to use, first to compensate
When applicants conflict with the same trademark, The first-to-application principle will apply, and the first-to-use basis will be used for compensation.
If the applications are applied on different days, the one applied first will be announced;
If the applications are applied on the same day, the application will be preliminarily reviewed and announced first;
Used on the same day or If none are used, an applicant will be determined by drawing lots;
If the applicant has been notified but does not participate in the drawing, the application will be deemed to have been abandoned, and the Trademark Office shall notify it in writing.
The application date for trademark registration shall be the date when the Trademark Office receives the application documents.
(2) Determination of priority.
From the date when the applicant first files an application for registration of the trademark in a foreign country, or from the first time the applicant uses the trademark on goods exhibited at a national exhibition sponsored and recognized by the Chinese government, the trademark shall be used from the date when the goods are exhibited. If an application for trademark registration is filed in China with the same trademark for the same goods within six months from the date of registration, the foreign country shall apply for trademark registration in China in accordance with the agreement signed between the foreign country and China or the international treaty to which both countries are parties, or in accordance with the principle of mutual recognition of priority. Can enjoy priority.
If you claim priority, you should make a written statement when filing an application for trademark registration, and submit a copy of the first trademark registration application document within three months; if you fail to make a written statement or fail to do so within the time limit, If a copy of the trademark registration application document is submitted, it will be deemed that no priority has been claimed. Which countries follow the "first to register" principle for trademark registration?
The "first to register" principle is represented by most European countries and China. The first-to-register procedure is based on the date when the Trademark Office receives the application. After the registration number is obtained, registration will be granted first in accordance with the principle of first-to-application, first-to-number. This approach is actually a principle of obtaining the exclusive rights of a trademark through registration. Whoever registers first will get the exclusive rights. The "first to register" principle has many advantages. Its main feature is that the exclusive right to register a trademark is stable. After the trademark is registered, there will be no disputes over the exclusive right to use the trademark in the future. About half of the countries in the world, including my country, adopt the "first to register" principle.
These countries are: China, Japan, Germany, France, Denmark, Afghanistan, Algeria, Argentina, Austria, Belgium, Netherlands, Luxembourg, the former Czech Republic, Dominica, Egypt, Bolivia, Brazil, Bulgaria, Chile, Colombia, Costa Rica, Cuba, Italy, Kuwait, Lebanon, Liberia, Mexico, Mongolia, Libya, Morocco, Nepal, Finland, Greece, Guatemala, Honduras, Hungary, Iceland, Iran, Sweden, Syria, Togo, Turkey, Uruguay, Venezuela , Yugoslavia, Nicaragua, Norway, Paraguay, Peru, Poland, Portugal, Romania, El Salvador, Saudi Arabia, Somalia, Spain, Sudan.
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