1. What materials are required for trademark registration? Where to apply?
Company application needs to provide:
1. A copy of the corporate business license (stamped) Official seal);
2. Trademark pattern.
Individual applications need to provide:
1. Copy of ID card;
2. Copy of individual industrial and commercial household license (with official seal);
3. Trademark pattern.
Instructions for individual applications: The Trademark Law stipulates that trademarks applied in the name of an individual must be related to the business scope of the business license.
Application method: You can go to the Registration Hall of the Trademark Office (Beijing) to apply, or you can entrust a trademark agency to apply. Application fee: You need to pay an official fee of 600 yuan to the Trademark Office (for 10 goods or services in a category). If you entrust an agency to handle the application, you also need to pay an agency fee of about 1,000 yuan to the agency.
How long does it take to get the notice of acceptance for trademark registration?
The acceptance notice will be issued the next day after applying online, and the formal acceptance notice will be issued in about 3 months. After that, the Trademark Office will conduct a nine-month substantive review of your trademark. If it fails the review, the Trademark Office will issue a notice of trademark rejection. Whether a rejection review is required depends on the reason for the trademark rejection. After passing the substantive examination, the trademark will enter a three-month announcement period. After the three-month opposition period and there is no objection or the objection cannot be established despite the opposition ruling procedure, the Trademark Office of the State Administration for Industry and Commerce will register the trademark applied for registration. Announcements issued. The entire registration process takes approximately 12 months.
How much does it cost to register a trademark?
Trademark registration fees follow the principle of one mark, one category. The official fee is 600 yuan. It is limited to 10 goods or services in this category; more than 10 ( (Excluding 10 pieces), for each more than one, an additional 60 yuan will be charged. The agency fee is generally 800-1,500 yuan.
Is the trademark registration package successful?
Trademark registration is not 100% successful because there is a search blind spot of 3-6 months in trademark searches, even if the trademark has not yet been searched for the same or similar trademark , there is still no guarantee that the trademark can be fully registered, which is a risk that cannot be avoided by trademark registration. Professional trademark agencies can improve the success rate of trademark registration through rigorous trademark searches and empirical judgment. However, even if it is increased to 99.99%, it is not 100%. Some agents brag that they have acquaintances in the Trademark Office and can do it faster, 100%. If the trademark is successful, you need to be careful whether you encounter a "black agent". If there is no problem with the trademark itself, then whoever represents it will be successful. If the trademark itself does not meet the requirements of the trademark law, it can be revoked even after obtaining the certificate. of.
Can I get a refund if my trademark registration is unsuccessful?
First of all, you must understand that the trademark registration fee mainly includes the official fee collected by the National Trademark Office and the agency fee collected by the agency. National Trademark The bureau's fees are administrative fees, and administrative fees are not refundable. For agencies, it is their discretion whether to refund agency fees. Shiting Intellectual Property promises that if the trademark registration is unsuccessful, the agency fee will be refunded or the agency fee will be waived and you can apply again.
Can trademark registration help us think of a name?
We can provide naming services, but they are not free. Brand naming is a highly professional and subjective task. The most valuable thing about a brand is its name. A good trademark name can not only be memorable, but also help your business go smoothly. A good trademark name can be considered from several aspects:
1. It must have meaning.
2. Be different from others and have a difference.
3. Easy to remember and practical in dissemination.
4. Reflect the corporate culture concept and the design is full of beauty.
Why are some companies exempt from agency fees?
Every industry has low-price competition. Registering a trademark is a long-term process, with preliminary inquiries and later cases. Tracking work requires professionalism and seriousness. The agency fee is actually this part of the service fee. Each company has different operating strategies and different profit points, so please choose carefully.
Is it better to register text and graphics separately or in combination?
It is recommended to register them separately.
Although combined registration can save registration fees, there are many elements for trademark review, the risk of rejection is greatly increased, and the review time will also increase. After combined registration, it can only be used as a whole, and text or graphics cannot be used separately in English. Separate registration is less risky. After successful registration, you can use it in any combination or alone, which is more flexible.
What are the reasons for trademark rejection?
There are many reasons for trademark rejection. Due to the large number of trademark registrations now, the most common reason is that it is related to a previously applied trademark. Similar or identical. In addition, it will also violate the provisions of Articles 9 to 13 of the Trademark Law, which mainly refers to trademarks that have no distinctiveness and can easily mislead the public. For example: the trademark is a common name, exaggerated publicity, administrative place name above the county level, only expresses functions, only raw materials, etc.
How to choose a trademark classification?
The selection of goods or service classifications is based on the International Nice Classification, which is divided into 45 major categories, and categories 1-34 are commodity classifications , 35-45 is the service classification. You can choose based on the products or services you operate. But sometimes, some industries are not clearly listed in the classification table, and they cannot be completely included in one classification. This leads to cross-category situations. Special attention should be paid to such industries. If you choose Improper use may result in insufficient protection of the trademark, making it impossible to fully protect it. For example, in the e-commerce industry, one category cannot fully reflect the functions of the e-commerce platform. Generally speaking, it includes four categories. The first is the construction and maintenance of the e-commerce platform, which belongs to the 42nd category; the second is the display and advertising functions of the e-commerce platform, which can be classified in the 35th advertising category; and the third is the If the communication function of the e-commerce platform can provide such services, it needs to be registered in the 38th category of network communication; the last one is logistics and distribution, which belongs to the 39th category. Of course, in addition to this, if you are using this platform to sell your own products, you must first choose the corresponding products to register.
What is full class protection?
Generally registered trademarks are only protected by law within the class in which they belong. The so-called all-category protection means: protected in all categories. There are two ways: first, to become a nationally well-known trademark and enjoy all types of protection prescribed by law; second, to register for all types of trademarks.
After obtaining full class registration, the registrant enjoys absolute exclusive use and monopoly of the trademark. Some large companies will register all categories, but generally this is not necessary. For example, consumers will not think that Great Wall Wine and Great Wall Motors are the same brand.
After the trademark registration is successful, the company has moved, is it necessary to make changes?
According to Article 23 of the Trademark Law, a registered trademark needs to change the name, address or other registration of the registrant. If there are any matters involved, a change application should be submitted. Therefore, when a company changes its name and address, please change its name and address in accordance with the regulations. Of course, in practice, many companies often ignore this issue and what adverse situations will occur if they do not change:
(1) If the name of the trademark is not changed after the name is changed, you will encounter some problems when you need to exercise your rights when encountering infringement;
(2) In actual use, the new name may have been promoted. According to the trademark Article 44 of the Law stipulates that (2) If the registrant's name, address or other registration matters are changed on his own initiative, the Trademark Office has the right to order correction or cancellation of the registered trademark within a time limit. This puts the trademark right in a very unstable state, and the existence of There are great hidden dangers;
(3) If the address is changed but the change procedures are not submitted, if the trademark has been registered for three years, in addition to the above problems, others may also ask for cancellation if it has not been used for three years. The application, due to the change of address, is very likely to be revoked if the relevant notification is not received and evidence of use is not provided.
How to register an international trademark?
Internationally, if a trademark wants to be protected in a country, you should generally apply for trademark registration in that country. There are two ways for Chinese applicants to apply for trademark registration abroad: one is to register country by country, that is, apply to the trademark authorities of each country for registration; the other is to register a trademark internationally in Madrid, that is, in accordance with the provisions of the Madrid Agreement or the Madrid Protocol, in Madrid Trademark registration among member states of the Union. What we usually call international trademark registration refers to Madrid international trademark registration.