Conditions for applying for registration of liquor trademarks (1) The trademark applied for registration must have constituent elements;
(2) The trademark applied for registration shall be significant;
(3) A trademark applying for registration shall not use any sign prohibited by law.
(4) The trademark applied for registration shall not be the same as or similar to the trademark registered or preliminarily approved by others on the same or similar goods or services.
(5) The trademark applied for registration shall not be the same as or similar to the registered trademark that has been revoked or cancelled for less than one year.
What is the procedure of liquor trademark registration? (1) Registration preparation.
Choose the registration method: one is to apply for registration in the Trademark Office of the State Administration for Industry and Commerce; The other is to entrust an experienced trademark agency to organize agency services.
(2) Preparation of materials
Prepare 10 trademark patterns (10 color patterns and 1 1 black-and-white ink draft are required for color trademarks with specified colors), with the length and width not exceeding 10 cm and not less than 5 cm. If the direction of the trademark pattern is not clear, the upper and lower parts should be marked with arrows; If an individual applies, he/she needs to show his/her ID card and submit a copy, plus a copy of his/her business license. The business scope is consistent with the registered trademark; If an enterprise applies, it shall present and submit a copy of its business license; An application for trademark registration stamped with the official seal of the unit.
(three) according to the classification of goods and services.
At present, goods and services are divided into 45 categories, including 34 categories of goods and services 1 1. When applying for registration, the category of goods or services using trademarks shall be determined according to the classification in the Classification Table of Goods and Services; Where the same applicant uses the same trademark on different categories of goods, it shall apply for registration according to different categories.
(4) Determination of the date of application
This is the most important point: because China adopts the principle of applying first in trademark registration, once you have a trademark dispute with other enterprises, the enterprise with the earlier application date will be protected by law. Therefore, it is very important to establish the application date, which is based on the date when the Trademark Office receives the application.
Then there are three procedures: trademark examination, preliminary examination announcement and registration announcement. It should be emphasized that a trademark that has passed the preliminary examination of the Trademark Office cannot be registered until three months after the announcement, and the trademark is protected by law. The period of validity of a registered trademark is ten years, counting from the date of approval of registration. If it is necessary to continue to use the trademark after the expiration of the validity period, it may apply for the renewal of the trademark registration.
(5) Obtaining a trademark registration certificate
After a trademark is registered, the Trademark Office issues a certificate to the registrant. If it is organized by an agent, the agent will send the trademark registration certificate to the registrant; For direct registration, the registrant shall obtain the trademark certificate from the Trademark Office within three months after receiving the Notice of Obtaining the Trademark Registration Certificate. At the same time, he shall also bring with him a letter of introduction for obtaining the trademark registration certificate, the witness's ID card and its photocopy, the original business license and the photocopy stamped by the local industrial and commercial department, the notice of obtaining the Trademark Registration Certificate, and the certificate of change issued by the industrial and commercial department if the name of the trademark registrant changes.
It usually takes about one year to three and a half years from the application to the issuance of a new trademark, in which the acceptance and formal examination of the application takes about one month, the substantive examination takes about 24 to 30 months, the objection period is three months, and the approval announcement takes about two months to the issuance of the trademark.
(6) Description of the application 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. In a narrow sense, the application for trademark registration only refers to the application for trademark registration of goods and services, the application for international trademark registration, the application for certification trademark registration, the application for collective trademark registration and the application for special symbol registration. The application for trademark registration in a broad sense includes not only the contents of the application for trademark registration in a narrow sense, but also the application for alteration, renewal, transfer registration, objection application, filing application for trademark license contract and other trademark registration matters.
Will the registered liquor trademark be revoked if it is not used for a long time? Because the resources of a trademark are limited, its use is limited in time. Where a trademark needs to be used continuously, it can be renewed once every ten years, and there is no time limit. However, many trademarks will be abandoned by trademark holders, so they cannot be renewed. This trademark can be re-registered and used by others.
The Trademark Law stipulates that if it is not used for three consecutive years, it may be revoked. There are two kinds of penalties for not using a registered trademark for three consecutive years. If it is not inevitable, the Trademark Office may also order it to make corrections within a time limit. The concept of trademark use is very broad, not only registered goods or services, but also some works.
Professional investment in trademarks, most companies and individuals will register a large number of trademarks and sell them directly to other companies and individuals. Because of the limited trademark resources (few good trademarks), the trademark registration time is long and there is room for investment. However, not using the restrictions that may be revoked for three years does bring great restrictions. For specialized trademark investors, other use behaviors are easily identified as invalid use, and it will be more difficult to create use facts.
Therefore, for specialized trademark investors, the best way is to transfer the registered trademark quickly within three years, because if it is used, it will also affect the value of the registered trademark itself. If it is not used for three years in a row, the ownership of the registered trademark will be in an unstable state and buyers will not buy it.
Conditions for registration of liquor trademarks
trade mark registration