A company in Chongqing plans to apply for a trademark. How to go through the process of registering a trademark? The editor has compiled the process of registering a trademark for a company in Chongqing to share with you, for reference only!
Conditions and requirements for trademark application and registration
(1) The trademark application documents are complete: the trademark registration application must be stamped with the applicant's seal. If an agent is entrusted, a trademark agency power of attorney should be provided and stamped with the agent's stamp. If you apply directly, you must also provide: a copy of the applicant's business license or a copy of the business license stamped with the seal of the local industrial and commercial administration department, a letter of introduction from the applicant, and a copy of the ID card of the person in charge.
(2) Application documents must be filled out in a standardized manner. If changes are required, a stamp or signature must be added;
(3) The trademark image must be clear and easy to paste;
(4) When applying for trademark registration for medicines, cigarettes or newspapers and magazines, provide supporting documents from relevant departments; The authorization letter must be notarized by a notary public;
(6) When applying for collective trademarks and certification trademarks, it is also necessary to provide trademark use management rules that prove the applicant's subject qualifications.
Trademark registration process
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 Send 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 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.
Notes on trademark registration applications
(1) Once the trademark application passes the formal examination, it will enter the substantive examination process; if it does not meet the formal examination, the Trademark Office will send a letter to the agent or applicant A notice of correction or notification of acceptance will basically be accepted and the application date and application number will be retained. After passing the correction, the application will enter the substantive examination process.
(2) After the trademark application passes the substantive examination, it will enter the preliminary examination and announcement process; if it fails to pass the substantive examination, the Trademark Office will reject the trademark application or require amendment. After the amendment is passed, it will enter the preliminary examination and announcement.
(3) Within three months from the date of preliminary examination and announcement of the trademark, if no one raises an objection or the objection is ruled to be untenable, the trademark will enter the approval registration announcement process and certification process; if the objection is ruled to be established, the trademark will be The bureau will reject the trademark application.
How to check whether a trademark is registered online
1. The trademark query method is relatively complicated. Today we will introduce the basic steps of online query. At the same time, we can also entrust the query through a trademark office.
2. First, we enter the China Trademark Network. The official provides four services: trademark similarity query, trademark comprehensive query, trademark status query, and error message feedback.
3. We click to enter the comprehensive trademark query: users can query relevant information about a certain trademark by trademark number, trademark, applicant name, etc.
4. It provides 5 query methods: international classification number, registration number, trademark name, applicant name (Chinese and English). For querying whether to register, we only need to use? Product name? Just come.
5. Let's search for "Baidu" as an example. Enter Baidu in the trademark name and click Query
6. If there are results in the query, it means that the trademark has been registered. Then you can only change a trademark
7. If you find it? Sorry! No results were found?, then congratulations, the trademark has not been registered yet, hurry up and register it
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What should you pay attention to when applying for brand trademark registration?
(1). The following words and graphics shall not be used in trademarks: (Trademark Law Article 8 1-9)
1. Identical or similar to the country name, national flag, national emblem, military flag, and medals of the People's Republic of China;
2. Same as the country name, national flag, national emblem, military flag, and medals of a foreign country Identical or similar;
3. Same or similar emblems and names of the Red Cross and Red Crescent;
4. Flags of intergovernmental international organizations, The emblem and name are the same or similar;
5. The common name and graphics of the product;
6. Directly indicating the quality, main raw materials, functions, uses, weight, and quantity of the product and other characteristics;
7. Ethnically discriminatory;
8. Exaggerated propaganda and deceptive;
9. Harmful to Socialist morals or other adverse effects.
(2) When applying for trademark registration, the product category and product name using the trademark should be filled in according to the prescribed product classification. If the same applicant uses the same trademark on different categories of goods, he or she should submit a registration application according to the commodity classification table; if the registered trademark needs to be used on other goods of the same category, a separate registration application should be submitted; if the registered trademark needs to change the text or graphics A new registration application should 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.
(3) The protection period of a registered trademark is 10 years, calculated from the date of approval of registration;
(4) In accordance with the provisions of the Trademark Law, the applicant shall register a pharmaceutical trademark , should be accompanied by certification documents issued by the health administrative department;
(5) When applying for trademark registration of cigarettes, cigars and packaged cut tobacco, certification documents approving production by the national tobacco authority should be attached;
(6) When applying for other products for which the state stipulates that registered trademarks must be used, the approval document from the relevant state competent authority shall be attached.
The above is the process of registering a trademark for a Chongqing company provided by the editor. I hope it will be helpful to everyone.
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