The process of individual applying for trademark registration
1. Design the trademark to be registered in advance. Including logo, Chinese and English names.
2. Determine the scope of use of the trademark. Trademarks are divided into 45 categories, and each category is further divided into subcategories. It is necessary to determine the specific scope of use and product name of the registered trademark.
3. Check whether the trademark is pre-registered. Go to the website of the State Administration for Industry and Commerce to check whether the trademark has been registered. If it has been registered, it is necessary to change the trademark before submitting it. You can also submit a registration application without registration.
4. Submit materials to the local industrial and commercial bureau. To register a trademark, an individual needs to submit two copies of his ID card, six designs of the trademark and an application for trademark registration with his own signature. Pay a fee of 1000 yuan to the Trademark Office, and the fee will not be refunded whether it is passed or not.
5. Waiting for the examination of the Trademark Office. It usually takes 12 ~ 16 months to get the results.
6. Publicity period. After passing the preliminary examination of the Trademark Office, that is, entering the three-month publicity period, anyone can raise any objection, and the registration can be successful without objection. If there is any objection, you should reply to the trademark objection, and you can successfully register after the reply is passed.
7. Publication of trademarks. After passing the publicity period, the Trademark Office will issue a document announcing that the trademark has been successfully registered and can be used. At this time, the trademark is protected by law.
Problems needing attention in applying for trademark registration
1. Only individuals or groups that meet the following conditions can file trademark applications in China:
Applicants for trademark registration must be legally established enterprises. Public institutions. Social groups. Individual businessmen. Foreigners or foreign enterprises operate in partnership with China, sign agreements or participate in international treaties, or deal with them according to the principle of reciprocity. Meet the above conditions. When it is necessary to obtain the exclusive right to use a trademark, an application for trademark registration shall be filed with the Trademark Office on a voluntary basis (since February 2007, China's Trademark Office has restricted natural persons from applying for registered trademarks).
2. According to the classification of goods and services:
At present, China's trademark law implements the international classification of goods, which divides 1 10,000 kinds of goods and services into 45 categories, including 34 categories of goods and1/services. When applying for trademark registration, the categories of goods or services using the trademark shall be determined according to the Classification Table of Goods and Services. Where the same applicant uses the same trademark on different kinds of goods, it shall apply for registration according to the classification table of goods. This can avoid improper expansion of the scope of application of trademark rights, and is also conducive to the examination and approval of examiners and the protection of trademark exclusive rights.
3. Determination of the date of trademark application:
It is very important to determine the application date. As the principle of first application is adopted in trademark registration in China, once the application date occurs, it will become the legal basis for determining the trademark right. The date of application for trademark registration shall be the date when the Trademark Office receives the application documents (what is the minimum unit of date? Day? )。
What are the ways to apply for trademark registration?
Where a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for goods or services produced, manufactured, processed, selected or distributed, it shall file an application for trademark registration with the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) according to law.
There are three ways to apply for registration of a commodity trademark or a service trademark:
(1) Entrust a nationally recognized trademark agency to handle it.
(2) The applicant goes directly to the trademark registration hall of the Trademark Office.
(3) Online application.
Foreigners or foreign enterprises must entrust a trademark agency to handle trademark registration in China, except for foreigners or foreign enterprises with habitual residence or business office in China.
Top right corner of registered trademark? r？ And then what? TM？ what's the meaning
According to the revised Detailed Rules for the Implementation of the Trademark Law, there are only three ways to mark a registered trademark, that is, add a note after the registered trademark: a,? Registered trademark? Four Chinese characters, b,? Notes? Put a circle outside the word c, r？ Put a circle outside R, except for that, any other marking method is not in compliance with the law. ? Notes? It is a Chinese character, which is obviously not as popular as (r) in the world, so we suggest that (r) is the best symbol.
TM is the abbreviation of trademark. American trademarks are usually marked with TM, which does not necessarily refer to registered trademarks. R is the abbreviation of REGISTER, which means registered trademark when used in trademark. According to the implementation regulations of China's trademark law, the use of registered trademarks can be indicated on commodities, commodity packages, manuals or other accessories? Registered trademark? Or a registration mark. The use of a registered trademark shall be marked in the upper right corner or the lower right corner of the trademark. So TM and R are trademarks of different countries and have no special relationship. Some domestic companies do not understand the legal provisions, blindly imitate American companies, and use TM marks on trademarks.
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