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Process and time for applying for trademark registration in 2016

What is the process of trademark registration now? Are there any relevant regulations on the time for registering a trademark? The editor has brought you relevant knowledge about "trademark registration", which may include you. required.

Information required to register a trademark

1. If applying for registration under a company name, a copy of the business license must be provided, and the official seal must be stamped on the copy of the business license;

2. If you apply for registration in your personal name, you must provide a copy of your personal ID card and a copy of the individual industrial and commercial household's business license. The copy of the individual industrial and commercial household's business license must be stamped with the official seal;

3. Provide trademark text or drawings. If the color needs to be protected, color drawings are also required;

4. Provide the goods/services to be registered, which can be based on the goods operated by the applicant or the services provided. , to be filled in with reference to the ninth edition of the "International Classification of Goods and Services for Trademark Registration" (Nice Classification) and the "Classification Table of Similar Goods and Services" modified by the Trademark Office based on the above-mentioned international classification table;

5. Provided The "Trademark Agency Power of Attorney" with official seal or signature, which can be obtained from this website; especially note that the address on the "Trademark Agency Power of Attorney" should be exactly the same as the registered address on the business license.

What are the regulations on the trademark registration process and time?

1. Design - before applying for trademark registration, you can entrust our company or design by yourself. When designing a trademark, you should pay attention to the following points: (1) Originality, that is, the design of the trademark must be innovative; on the one hand, it must meet the requirements for distinctiveness, and on the other hand, a creative trademark can easily expand the visibility of the product and quickly occupy the market. (2) The name of the trademark should avoid being associated with the function of the product. (3) The design of the trademark should highlight the theme and be reasonably laid out.

2. Inquiry - Trademark inquiry usually refers to the search for trademark information conducted by a trademark registration applicant before applying to register a trademark in order to understand whether there are any prior trademark rights that may conflict with the trademark he is applying for. Query. It takes a long time for a trademark to be applied for and approved for registration. If the trademark registration application is rejected, on the one hand, the trademark registration fee will be lost, and on the other hand, it will take longer to reapply for a registered trademark, and it is still unknown whether the re-application will be approved for registration. Therefore, it is best for applicants to conduct a trademark search to understand the status of prior rights before applying to register a trademark. There are two types of inquiry services: one is internal inquiry service; the other is agency government inquiry service, which takes 7-14 working days.

3. Application - Submit the trademark registration application documents to the Hong Kong Intellectual Property Department.

4. Acceptance - After receiving the trademark registration application materials, the Hong Kong Intellectual Property Department will give an application number and issue an acceptance notice, which will take about one week.

5. Review - Trademark review is divided into two processes: formal review and substantive review. Formal examination means that before examining the application, the Trademark Registry will examine the application form and all attachments in detail to see whether the required parts of the form have been completed, whether the relevant information is correct, and whether the required information is incomplete. If everything is in order, the application process will enter the next stage (substantive examination stage). After the substantive examination is completed to check the deficiencies of the application and confirm that all the information is complete, the Trademark Registry will check the trademark records to determine whether other merchants have registered or applied for registration of the same or similar goods or services. 's trademark. The Trademark Registry will also check whether the trademark concerned complies with the registration requirements stipulated in the Trademark Ordinance. If approved, the application process will enter the next stage (the gazette announcement stage).

6. Announcement - After the Trademark Registry approves the application, it will be announced in the Hong Kong Intellectual Property Gazette for a period of three months. If no one raises any objection, the trademark can be successfully registered.

7. Registration - If there is no objection to the trademark announcement or the objection is ruled to be untenable, the registration is successful. Under normal circumstances, it takes about 6 months to obtain the registration certificate. After successful registration, it will be valid for 10 years and can be renewed on time six months before expiration.

What do the "R" and "TM" in the upper right corner of a registered trademark mean?

According to the revised "Implementing Rules of the Trademark Law", there are only three ways to mark a registered trademark. Add the following notes after the trademark: A. "Registered Trademark" in four Chinese characters, B. "Note" with a circle outside it, C. "R" with a circle outside R. Any other labeling methods are inconsistent with legal requirements. "Note" is a Chinese character, which is obviously not as popular around the world as using (R), so we recommend that it is best to use (R).

TM is the abbreviation of TRADEMARK. American trademarks are usually marked with TM, which does not necessarily refer to a registered trademark. R is the abbreviation of REGISTER. When used in trademarks, it means registered trademark. The Implementation Regulations of my country's Trademark Law stipulate that when using a registered trademark, you can indicate "registered trademark" or registered mark on the goods, product packaging, instructions or other attachments. . When using a registered mark, it should be marked on the upper right corner or lower right corner of the trademark. Therefore, TM and R are trademark marks of different countries and have no special relationship. Some domestic companies do not understand the legal provisions and blindly imitate American companies and use the TM mark on their trademarks.

What are the ways to obtain trademark rights?

The acquisition of trademark rights can be divided into original acquisition and inherited acquisition. According to Article 3 of my country’s Trademark Law, the original acquisition of trademark rights should be handled in accordance with trademark registration procedures. The exclusive right enjoyed by the trademark registrant over the registered trademark is protected by law. Succession and acquisition shall be handled in accordance with the procedures for contract transfer and inheritance of registered trademarks.

The system established by my country’s Trademark Law for the acquisition of trademark rights is that trademarks adopt the principle of voluntary registration. In reality, some people apply for registered trademarks, and some people do not register the trademarks they use. As a result, two situations arise in accordance with legal provisions. One is a registered trademark, and the other is an unregistered trademark. Both of these trademarks exist legally. Unregistered trademarks cannot be dismissed because they are not registered. Its use is not allowed.

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