Our country adopts the principle of registration for the acquisition of trademark rights, that is, only the trademarks approved by the Trademark Office of the State Administration for Industry and Commerce can produce exclusive rights. In order to obtain the registration of a trademark, the parties concerned must first file an application for trademark registration, and then the trademark office will examine it. After the Trademark Office confirms that the trademark applied for registration meets the registration conditions stipulated by law, the registrant enjoys the exclusive right to use the trademark. Therefore, in order to obtain the trademark right, the parties must pay attention to two issues: one is to apply for trademark registration correctly, and the other is to ensure that the trademark applied for registration conforms to the legal provisions.

(1) filing an application for trademark registration as required

Citizens, legal persons or other organizations shall, in accordance with the provisions of China's Trademark Law and its implementing regulations, submit an application for trademark registration and relevant documents to the Trademark Office of the State Administration for Industry and Commerce, and pay the fees. This procedure is called "trademark registration application".

Applying for trademark registration is the prerequisite and necessary procedure for obtaining the exclusive right to use a trademark. Therefore, the parties concerned must make the application conform to the provisions of the Trademark Law and the Regulations for the Implementation of the Trademark Law, otherwise the Trademark Office will not accept it. Generally speaking, an application for trademark registration shall meet the following conditions.

1. The applicant for trademark registration is qualified to apply for trademark registration.

At present, there are few restrictions on the qualification of trademark subject in China. According to Articles 4 and 17 of the Trademark Law, the applicant for trademark registration can be a natural person, a legal person or any other organization, and foreigners and foreign enterprises can also become the applicants for trademark registration according to the laws of China or relevant international agreements and treaties.

2. Submit an application for trademark registration in the prescribed way.

Domestic trademark registration applicants can apply for trademark registration in the following two ways: first, trademark registration applicants can entrust trademark agencies to apply for trademark registration; Second, the trademark applicant can also apply for trademark registration directly at the Trademark Office with his ID card, a letter of introduction from the company and a copy of the business license or a copy of the business license signed by the issuing authority.

Foreigners or foreign enterprises must entrust a trademark agency recognized by the state to handle trademark registration applications and other related matters.

3. The application for trademark registration is completed.

To apply for trademark registration, an application for trademark registration and other documents shall be submitted to the Trademark Office. The specific requirements are:

(1) The applicant must submit an application for trademark registration in accordance with the principle of one application for one trademark for one kind of goods. In other words, the goods or services declared by an application can only be limited to one category in the international classification of goods and services registered by trademarks. Where a trademark agency is entrusted to handle the matter on its behalf, a copy of the power of attorney for trademark agency shall also be submitted.

(2) The application for trademark registration shall be filled in neatly, and the name and address of the applicant shall be accurate.

(3) Each application shall be accompanied by 10 color trademark and trademark pattern (specified color), and 10 color pattern and 1 black and white ink draft shall be submitted).

(4) Where a copy of the business license of the enterprise is produced or a copy of the business license signed by the issuing authority is provided, and a registered trademark is applied in the name of a natural person, the corresponding identity documents shall be provided.

(5) The application documents shall be in Chinese, and the foreign language documents shall be accompanied by a Chinese translation.

(6) Where a portrait of a person is used as a trademark to apply for registration, the applicant shall provide a power of attorney from the owner of the portrait, which shall be notarized by a notary office.

(7) Where a foreign applicant claims priority, the country, date and application number of the initial application shall be filled in the application form, and the documents claiming priority shall be submitted to the Trademark Office within three months. If it is not submitted within the time limit, it shall be deemed that priority has not been claimed.

(8) To apply for the registration of a collective trademark or a certification trademark, it is necessary to provide the corresponding articles of association and subject qualification certificate.

4. Pay the trademark registration fee as required.

There is a charge for applying for trademark registration. At present, the charging standard is 65,438+0,000 yuan for each trademark registration application when 65,438+00 products are specified. After more than 10 species, the excess will be charged 1 0,000 yuan. If the fee is not paid, the Trademark Office will not accept its application.

If the application for trademark registration meets the above requirements after examination by the Trademark Office, that is, the application procedures are complete and the application documents are filled in as required, the application number will be compiled and a notice of acceptance will be issued. The date of application of the applicant shall be the date when the Trademark Office receives the application documents. As China implements the principle of applying first, the date of application for trademark registration is particularly important for applicants.

(2) Choose a trademark that can be registered.

At present, the Trademark Office receives more than 200,000 applications for trademark registration every year, but not all of them are approved for registration, and about 10% of them are rejected because the trademark does not meet the registration requirements. Therefore, if the applicant wants to improve the success rate of registration, it is necessary to know as much as possible the requirements of the law for registered trademarks and make necessary search queries before applying.

1. The trademark applied for registration shall be distinctive, and prohibited words and graphics shall not be used.

Article 9 of the Trademark Law stipulates that "a trademark applying for registration shall have distinctive features and be easy to identify". The requirement that a trademark must have distinctive features is determined by its identification function. When a trademark is used in the market, consumers should clearly know that it is a trademark, not a decoration or explanation. Therefore, trademarks must have distinctive features and be easy to identify.

Except for distinctiveness, according to Articles 10 and 11 of the Trademark Law, a trademark may not use the following words and figures:

(1) It is forbidden to use the same or similar trademarks as the national name, national flag, national emblem, military flag and medal of People's Republic of China (PRC).

(2) It is forbidden to use trademarks that are identical with or similar to foreign names, national flags, national emblems and military flags. Except those agreed by the government.

(3) identical with or similar to the name, flag or emblem of an intergovernmental international organization. But with the consent of the organization.

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