There are also materials to be prepared for the registration of company trademarks. What are these materials for trademark registration? How to register a company trademark? Xiaobian brought it to you? Company trademark registration materials? Related knowledge, which may be what you need. What materials are needed for the company's trademark registration
To apply for trademark registration, an application for trademark registration and other documents shall be submitted to the Trademark Office. The specific requirements are as follows:
1. The applicant must submit an application for trademark registration according to the principle of one trademark for one kind of goods. That is to say, the goods or services reported in an application can only be limited to one category in the International Classification of Goods and Services for Trademark Registration. If a trademark agency organization is entrusted to handle it on its behalf, a copy of the Trademark Agency Power of Attorney shall also be submitted.
2. The Application for Trademark Registration should be filled in neatly, and the name and address of the applicant should be accurate.
3. Each application shall be accompanied by 1 colored trademarks with trademark patterns (specified colors), 1 colored patterns and 1 black-and-white ink manuscript).
4. if you produce a copy of the business license of the enterprise or provide a copy of the business license signed by the issuing authority and apply for a registered trademark in the name of a natural person, you should provide the corresponding identity documents.
5. The application documents shall be in Chinese, and the foreign language documents shall be accompanied by a Chinese translation.
6. If a portrait of a person is used as a trademark to apply for registration, the applicant must provide the power of attorney of the portrait owner and be notarized by a notary office.
7. If a foreign applicant claims priority, he/she must fill in the country of initial application, the date of initial application and the application number in the application form, and submit the certificate of priority to the Trademark Office within three months. If the certificate is not submitted within the time limit, it will be deemed that he/she has not claimed priority.
8. To apply for the registration of a collective trademark or a certification trademark, it is also necessary to provide corresponding articles of association and subject qualification certificates. What are the conditions for a company to register a trademark?
(I) the distinctiveness of a trademark
The distinctiveness of a trademark lies in whether the trademark is new or not and whether it has its own personality. Individualized and newly-created trademarks are undoubtedly distinctive. Trademarks should have distinctive features, so as to facilitate the distinction. We should make a comprehensive investigation from the aspects of the characters, graphics and other constituent elements of the trademarks themselves. Too simple graphics, lines, or too complicated patterns, ordinary numbers, common daily life terms or advertising language, common names of commodities, packaging, decoration, containers, etc. of commodities are generally considered to have no obvious characteristics. For example, an application for registration on cosmetics and other commodities with an arc as a symbol is not approved for lack of distinctiveness and is not easy to be recognized by consumers; Another example is based on pine and cypress, flowers and plants, the sun, cranes, running water and rocks. Songhe welcomes the spring? The combination trademark for the name is required to be registered on a commodity, but it is also not approved for registration. What is the reason? Songhe welcomes the spring? It is an auspicious term commonly used by the people, and it is often used in daily necessities. As a decorative pattern, it is also often used in daily necessities. This trademark has no obvious characteristics in terms of words and graphics, and it does not have the recognition function.
trademarks are required to have distinctive features, with the purpose of enabling consumers to identify the source of goods through trademarks. Some trademarks, even though their constituent elements lack distinctive features, can also be registered because of their long-term use, and should be protected. For example, some simple figures such as triangles and semicircles should be associated with a specific commodity and used repeatedly to make them have the identification function, which should also be protected. Another example, used in sportswear and sports shoes? NIKE? A trademark, with a stroke of a pen, is hardly recognizable in terms of its constituent elements, but it is this simple stroke that has the strongest recognition function. Therefore, the distinctive features of a trademark should be judged and identified from the perspective of whether the trademark has been actually used or whether it has formed a specific connection with a certain commodity.
(II) Trademarks shall not be confused with other people's trademarks
Confusion means that a trademark is the same as or similar to another person's trademark. Generally speaking, the original trademarks mentioned above will not be confused with other people's trademarks, while suggestive trademarks, descriptive trademarks, especially borrowed trademarks will often be confused with other people's trademarks. If the trademark applied for registration is confused with other people's registered trademarks, it will not be allowed to register, but it will constitute infringement to use the same or similar trademarks on the same or similar goods.
Trademark identity means that the characters and graphics of trademarks used in the same commodity or similar commodities are exactly the same or the pronunciation of trademark names is exactly the same. It is difficult for consumers with the same trademark to distinguish the goods or services of different operators. The conditions for a company to apply for registration of a trademark
(1) The trademark to apply for registration must have constituent elements;
(2) The trademark applied for registration should be distinctive;
(3) A trademark applying for registration shall not use any sign prohibited by law.
(4) The trademark applied for registration shall not be the same as or similar to the trademark that has been registered or preliminarily approved by others on the same or similar goods or services.
(5) The trademark applied for registration shall not be the same as or similar to the registered trademark that has been revoked or cancelled for less than one year. Detailed process of company's registered trademark
trademark registration process 1. 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.
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