There is also a process to be followed for the registration of food trademarks. What is the general process for food trademark registration? How to register a food trademark? The editor has brought you relevant knowledge about the "food trademark registration process" , which may have what you need. Validity period of food trademark registration
The validity period of a registered trademark is ten years, calculated from the date of approval of registration.
For a trademark that has been initially reviewed and approved, if there is no objection within three months from the date of announcement or if the objection is ruled untenable, the trademark registration will be approved and issued, and a trademark registration certificate will be issued and announced; the trademark registrant Enjoy exclusive rights to trademarks and are protected by law.
The validity period of a registered trademark in my country is ten years, calculated from the date of approval of registration. After my country joined the World Trade Organization, according to the provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights, the protection period for registered trademarks stipulated in our country is longer, which means that the protection of registered trademarks is relatively sufficient. According to Article 18 of the Agreement on Trade-Related Aspects of Intellectual Property Rights, the protection period for registered trademarks in member countries, including the validity period of the initial registration and renewal registration of the trademark, shall not be less than seven years. Information required to register a food 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 under an individual name, you need to provide a copy of your personal ID card and a copy of the business license of the individual industrial and commercial household. The copy of the business license of the individual industrial and commercial household 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 by the applicant, referring to the "Trademark Registration Use" Fill in the ninth edition of the "International Classification of Goods and Services" (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. Provide official seal or signature "Trademark Agency Power of Attorney", 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. Detailed process for registering food trademarks
Trademark registration process 1. Formal review
After formal review, the application procedures are complete and the application documents are filled in as required, the Trademark Office will issue an acceptance notice.
If the application procedures are incomplete or the application documents are not filled in as required, a notice of rejection will be issued and returned, and the application date will not be retained.
If the application procedures are basically complete or the application documents basically comply with the regulations, but if supplements and corrections are needed, the Trademark Office will issue a notice of supplements and corrections to the trademark registration application. If the applicant makes corrections within the time limit and returns it to the Trademark Office, the application date will be retained; if the applicant fails to make corrections or makes corrections beyond the time limit, the Trademark Office will issue a notice of rejection and return it, and the application date will not be retained.
Trademark registration process 2. Substantive examination
After passing the formal examination, the trademark application enters the substantive examination. After substantive examination, any trademark application that complies with the relevant provisions of the Trademark Law will be initially reviewed and approved by the Trademark Office and announced.
If the application is rejected, a rejection notice will be issued to the applicant.
If the Trademark Office believes that the contents of the trademark registration application can be revised, it will issue an examination opinion. If the applicant responds within the time limit, the Trademark Office will continue the examination.
For trademarks that have been preliminarily approved after review, the China Trademark Office will announce them in the "Trademark Announcement".
Within three months from the date of announcement, anyone can object to a trademark initially approved by the China Trademark Office.
If there is no objection or the objection is ruled not to be established, the China Trademark Office will approve the registration, issue a trademark registration certificate, and announce it in the "Trademark Announcement"; if the objection is ruled to be true, the registration will not be approved.
Request for review
If the applicant is dissatisfied with the Trademark Office’s rejection of the trademark registration application during the trademark registration process, he or she may request a review from the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board will make a final decision on whether to grant registration or not, and notify the applicant in writing.
If the party concerned is dissatisfied with the Trademark Office's objection ruling, he or she may request a review from the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board will make a final decision and notify the parties in writing. How to understand the meaning of trademark rights
Trademark rights are the exclusive rights that trademark owners enjoy over their registered trademarks in accordance with the law. Article 3 of my country's Trademark Law stipulates that a trademark approved and registered by the Trademark Office is a registered trademark, and the trademark registrant enjoys the exclusive right to use the trademark and is protected by law. According to the relevant provisions of the Trademark Law, the content of trademark rights refers to the rights and obligations that the trademark owner enjoys, including the exclusive use rights, prohibition rights, transfer rights, license rights and renewal rights of registered trademarks.
According to the relevant provisions of the Trademark Law, applications for trademark registration must follow the following principles:
1. First-to-file principle. The person who applies first is allowed to obtain the exclusive right to use the trademark, and other applications are rejected.
2. One application for one trademark principle. It is allowed to apply for registration of the same trademark for use on different categories of goods in one application.
3. Principle of voluntary registration. Under normal circumstances, trademark users can decide on their own whether to apply for registration of the trademark they use.
To apply for trademark registration, the following documents should be submitted to the Trademark Office:
1. Application for trademark registration;
2. Ten copies of the trademark drawing and a black and white ink draft One copy;
3. If the applicant registers a trademark for medicine or tobacco products, he should also attach a certification document issued by the health administration department or a certification document approved by the national tobacco authority for production. Applications for registered trademarks for other goods for which the state stipulates that registered trademarks must be used must be accompanied by approval documents from relevant departments.
4. If you entrust a trademark agency to handle the trademark registration application, you should submit a trademark agent power of attorney filled out in the format uniformly formulated by the Trademark Office. What to pay attention to when registering food trademarks
In accordance with the provisions of Article 4 of the Trademark Law of the People's Republic of China, natural persons engaged in production, manufacturing, processing, selection, distribution of goods or provision of services need to obtain a trademark If you have exclusive rights, you should apply for trademark registration to the Trademark Office. When handling trademark registration, transfer and other applications in the name of a natural person, in addition to submitting the "Trademark Registration Application", trademark drawings and other materials in accordance with relevant regulations, you should also pay attention to the following matters:
1. Individual industrial and commercial households can use The trade name registered in the "Individual Industrial and Commercial Household Business License" shall be used as the name of the applicant to apply for trademark registration, or the trademark registration application may be filed in the name of the person in charge registered on the license. When applying in the name of the person in charge, copies of the following materials should be submitted:
(1) ID card of the person in charge;
(2) Business license.
2. Rural contract operators can apply for trademark registration in the name of the person who signed the contract. Copies of the following materials should be submitted when applying:
(1) Identity of the person signing the contract Certificate;
(2) Contract.
3. Other natural persons who are legally permitted to engage in business activities may apply for trademark registration in the name of the operator listed in the registration document issued by the relevant administrative authority. Copies of the following materials should be submitted when applying. :
(1) ID card of the operator;
(2) Registration document issued by the relevant administrative authority.
4. The scope of goods and services for which a natural person applies for trademark registration shall be limited to the business scope approved by the business license or relevant registration documents, or to the agricultural and sideline products produced by the natural person.
5. For trademark registration applications that do not comply with the provisions of Article 4 of the Trademark Law, the Trademark Office will not accept it and notify the applicant in writing. If the applicant provides false materials to obtain trademark registration, the Trademark Office will revoke the registered trademark.
6. When applying for trademark transfer, if the transferee is a natural person, you should refer to the above matters.
Food trademark registration process Trademark registration