The process of applying for trademark registration
What is the way to apply for trademark registration?
There are two ways to apply for a registered trademark:
(1) Find a trademark agency recognized by the host country.
(2) Go directly to the Trademark Registration Hall of the Trademark Office (Beijing).
What are the procedures for applying for trademark registration?
(1) Where a trademark agency is entrusted, the applicant may voluntarily choose a trademark agency recognized by the state to handle it.
(2) If the applicant goes directly to the trademark registration hall of the Trademark Office, he can go through the following steps: trademark inquiry? Ready to apply? Submit an application at the acceptance window of the trademark registration hall? Enter the receipt barcode in the coding window? Pay the trademark registration fee at the payment window? About four months later, the Trademark Office issued a notice of acceptance? If approved, the certificate will be issued in about two years.
Pre-application inquiry (optional procedure):
At present, it takes more than two years to apply for trademark registration. If the application for trademark registration is rejected, on the one hand, the trademark registration fee will be lost, on the other hand, it will take about two years to reapply for trademark registration, and it is still unknown whether the reapplication can be approved for registration. Therefore, before applying for a registered trademark, the applicant had better make a trademark inquiry, understand the prior rights, and make a judgment according to the inquiry results before submitting the application.
Materials needed for 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:
(a) the applicant must submit an application for trademark registration in accordance with the principle of one commodity and one trademark application. 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 65,438+00 colored trademarks with trademark patterns (designated colors), 65,438+00 colored patterns and 65,438+0 black and white ink drafts).
(four) to produce a copy of the business license of the enterprise or provide a copy of the business license signed by the issuing authority, and to apply for a registered trademark in the name of a natural person, the corresponding identity documents shall be provided.
(five) the application 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.
(eight) to apply for the registration of a collective trademark or a certification trademark, it is necessary to provide the corresponding articles of association and the subject qualification certificate.
Can an enterprise name be registered as a trademark?
China allows the registration of enterprise names as trademarks.
According to the spirit of China's trademark law, enterprise names can be registered as trademarks. However, when the applicant uses the enterprise name as a trademark, the enterprise name must contain a significant part, and the enterprise name applied for as a trademark should be exactly the same as the name registered in the applicant's business license.
In the application for registration, the applicant may not indicate the waiver of exclusive rights in the non-significant part of the application. Because these signs of administrative divisions, industries and enterprise organization forms cannot be used exclusively by a certain operator, they will be regarded as an automatic waiver of exclusive rights in the process of trademark registration and examination, and there is no need to specifically indicate the waiver.
It should be noted that this way of trademark registration with enterprise name is not conducive to the transfer, license and change of enterprise name in the future.
What documents should I submit to apply for trademark registration?
To apply for trademark registration and transfer in the name of a natural person, in addition to submitting the application for trademark registration, trademark patterns and other materials in accordance with the relevant provisions, the following matters should also be noted:
(1) Individual industrial and commercial households may apply for trademark registration in the name of the applicant, or in the name of the person in charge of licensing registration. When applying in the name of the person in charge, copies of the following materials shall be submitted:
① ID card of the person in charge;
② Business license.
(2) Rural contracted business households may file an application for trademark registration in the name of the contractor, and shall submit copies of the following materials when applying:
① ID card of the signatory;
2 contract.
(3) Other natural persons authorized to engage in business activities according to law may file an application for trademark registration in the name of the business operator listed in the registration documents issued by the relevant administrative authorities, and shall submit copies of the following materials when applying:
(a) the identity card of the operator;
② Registration documents issued by relevant administrative departments.
(4) The scope of goods and services for which a natural person applies for trademark registration is limited to the business scope approved by the natural person in the business license or relevant registration documents, or the self-operated agricultural and sideline products.
(5) The Trademark Office will not accept an application for trademark registration that does not conform to the provisions of Article 4 of the Trademark Law, and notify the applicant in writing.
Where the applicant provides false materials to obtain trademark registration, the Trademark Office shall revoke the registered trademark.
The process of applying for trademark registration
trade mark registration