What are the trademark registration procedures?

1. Registration preparation

Choose the registration method

One is to go to the State Administration for Industry and Commerce by yourself Apply for registration with the Trademark Office; the other is to entrust an experienced trademark agency to organize agency services.

2. Prepare materials

Prepare 10 trademark drawings (for color trademarks of specified colors, 10 colored drawings and 1 black and white ink drawing should be submitted), the length and width should not be greater than 10 centimeters, not less than 5 centimeters. If the direction of the trademark pattern is unclear, arrows should be used to mark the upper and lower parts; if an individual applies, he or she must present his or her ID card and submit a copy plus a copy of the individual business license and the business scope must be consistent with the registered trademark; If the application is from an enterprise, a copy of the enterprise's "Business License" must be presented and submitted; a trademark registration application form with the official seal of the unit shall be submitted.

3. Start applying

4. Submit an application according to the classification of goods and services

Currently, goods and services are divided into 45 categories, among which goods 34 categories, 11 categories of services. When applying for registration, the category of goods or services for which the trademark is used should be determined according to the classification of the goods and services classification table; if the same applicant uses the same trademark on different categories of goods, he should file registration applications according to different categories.

5. Determination of the filing date

This is the most important point: Since China’s trademark registration adopts the first-to-file principle, once you have a dispute over trademark rights with other companies, the filing date will be determined. Prior companies will be protected by law. Therefore, it is very important to establish the filing date. The filing date shall be the date when the Trademark Office receives the application.

The next step is the three procedures of trademark review, preliminary review announcement, and registration announcement. It should be emphasized that a trademark that has passed the preliminary review by the Trademark Office can be registered only if no one raises objections three months after the announcement. The trademark is protected by law. The validity period of a registered trademark is ten years, calculated from the date of approval of registration. If the validity period expires and you need to continue to use it, you can apply for trademark renewal registration.

6. Receive the trademark registration certificate

After the trademark is registered, the Trademark Office issues a certificate to the registrant.

If the agent is organized through an agency, the agent will send the "Trademark Registration Certificate" to the registrant; if the registration is done directly, the registrant should arrive at the registrant within three months after receiving the "Notice of Collecting the Trademark Registration Certificate" When collecting the certificate from the Trademark Office, you should also bring: a letter of introduction for obtaining the trademark registration certificate, the ID card of the person receiving the certificate and its copy, the original copy of the business license and a copy stamped with the seal of the local industrial and commercial department, the notice for obtaining the trademark registration certificate, the trademark If the name of the registrant is changed, a change certificate issued by the industrial and commercial department must be attached.

Note: It usually takes about one to three and a half years from application to issuance of a newly applied trademark, of which application acceptance and formal review takes about one month, and substantive review takes about 24 to 30 months. , the objection period is three months, and it takes about two months from the approval announcement to the issuance of the certificate. What are the requirements for trademark registration applicants

After the amendments to the Trademark Law and its implementing regulations, the scope of trademark rights has been expanded, domestic natural persons have been given the right to apply for trademark registration, and past restrictions on business scope, medicines, and tobacco have been eliminated. , restrictions on the special requirements required for trademarks of newspapers and magazines, and at the same time, *** are allowed to apply for trademark registration. Applicants applying for trademark registration in my country can be divided into two types according to their country of origin: domestic applicants and foreign applicants.

(1) Domestic applicants mainly have the following situations:

1. Natural person

Natural person is the legal title of a person. According to the provisions of the General Principles of Civil Law, natural persons are citizens. From the time of birth to the time of death, a citizen has the capacity for civil rights, enjoys civil rights and assumes civil obligations in accordance with the law. In other words, any citizen of the People's Republic of China has the right to apply for trademark registration, unless otherwise provided by law.

2. Legal person

The definition of "legal person" in the "General Principles of Civil Law" is: an organization that has the capacity for civil rights and civil conduct, and independently enjoys civil rights and assumes civil obligations in accordance with the law. Legal persons include: corporate legal persons, agencies, institutions and social group legal persons.

3. Other organizations

Other organizations refer to enterprises, institutions, social groups and other organizations that do not have legal person status.

(2) Foreign Applicants

According to the provisions of Articles 17 and 18 of the Trademark Law, foreigners or foreign enterprises shall apply in accordance with the agreement signed between their country of origin and my country. Or international treaties to which Japan is a party, or based on the principle of reciprocity, you can apply for trademark registration in our country. For foreigners or foreign enterprises who have a habitual residence or business office in China, they will be treated as domestic applicants when handling the application procedures; however, foreigners or foreign enterprises without a habitual residence or business office in China must entrust a state-recognized trademark owner. Organizational agent with agency qualifications.

One thing to note is that although the Trademark Law only mentions that foreigners or foreign enterprises can apply for trademark registration in my country in accordance with relevant regulations, in practice, other foreign organizations can also apply.

(3) ***Same applicant

In addition to a single applicant, according to the provisions of Article 5 of the Trademark Law, two or more natural persons, legal persons or other organizations You can apply to register the same trademark with the Trademark Office at the same time, and you can enjoy and exercise the exclusive right to use the trademark together. ***The same applicants can be all domestic applicants or all foreign applicants, or there can be both domestic applicants and foreign applicants.

In practice, when applying for trademark registration and handling other related matters at the my country Trademark Office, applicants from Hong Kong, Macao and Taiwan refer to "Foreign Applicants". Recommended reading: Why should you entrust an agency to handle your trademark registration application

Trademark rights cannot arise naturally, and you must apply to the Trademark Office for confirmation of rights through legal procedures. The procedures for confirming rights are relatively complicated, including preliminary examination, substantive examination, announcement, objection, objection reply, rejection, rejection review, rejection of court ruling, etc. Applicants generally are not familiar with such a complicated process, and there are still several issues that must be dealt with by professionals:

1. Before applying for a trademark, it is very important to judge whether it violates prohibitive regulations. Because Violation of the prohibitive provisions of the Trademark Law may become an absolute reason for rejection by the Trademark Office in the future. Whether you can apply for and obtain registration must rely on professional knowledge to judge. For example, Articles 10 and 11 of the Trademark Law stipulate circumstances in which a trademark cannot be registered as a trademark. In addition, Article 19 of the Trademark Law stipulates that when applying for trademark registration, the product category and product name for which the trademark is used shall be filled in according to the prescribed product classification table. For example: "Black Bright" is used for shoe polish products, "Good and Fragrant" is used for food, whether it can be registered must rely on professional knowledge to judge. In addition, trademark registration must be filled out according to the "Classification Table of Similar Goods and Services", and the international classification of the "Classification Table" is different from the classification of goods in daily life. Professionals are required to make judgments and analyzes and apply accurately to avoid incorrect registrations. , misnote. For example, a Category 12 car alarm is mistakenly added to a Category 09 anti-theft device, and a Category 31 beverage vinegar is mistakenly added to a Category 30 seasoning vinegar, which creates hidden dangers for the company in safeguarding its rights in the future.

2. Before applying for a trademark, you should check with the Trademark Office to see if there is a prior trademark to avoid conflict and rejection. In addition, determine whether the similar trademarks provided in the query report, such as "Annie" and "Annie Zi", "Weili Shen" and "Weili Shen", "Full Day" and "Golden Day", are similar trademarks, and whether they are similar. Registration requires professional knowledge and rich experience to make accurate judgments.

3. Relevant documents for trademark application must be provided as required. In order to avoid incomplete or non-compliant information being returned or corrected by the Trademark Office and affecting the time of trademark application, it must be left to professionals.

4. After applying for trademark registration, there are procedures such as announcement, objection, opposition defense, rejection, and rejection review, etc., which take a long time. Professionals should be entrusted to follow up.

It can be seen that the applicant must entrust a professional, efficient and honest agency organization to handle the trademark registration application to ensure the success rate of the registration application and future trademark rights protection. Don't trust "black agents" who have neither professional knowledge nor proper procedures.

In order to avoid being deceived or mistakenly noted, do not trust the promises of individual "black agents" to guarantee the certification (trademarks are reviewed and approved by the Trademark Office, and no one can guarantee to obtain the certification).

The above is what the editor has provided for you. What are the procedures for trademark registration in Jinan? I hope you like it! Trademark registration