A company in Tianhe wants to apply for a trademark. How does it go about the registration process? Let’s take a look at the Tianhe trademark application process brought to you by the editor below. There may be some of them. you need.
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 cm, not less than 5 cm. If the direction of the trademark pattern is unclear, arrows should be used to indicate 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 a registration application 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 principles should be followed when applying for trademark registration?
According to the provisions of the Trademark Law, there are two principles for trademark registration in my country:
① The principle of voluntary application for registration. Article 4 of the Trademark Law stipulates that enterprises, institutions and individual industrial and commercial entities that need to obtain the exclusive right to use trademarks for the goods they produce, manufacture, process, select or distribute or for the services they provide shall apply to the Trademark Office Goods or service mark registration. The need to obtain the exclusive right to use a trademark as mentioned here reflects the principle of voluntary registration.
②Principle of mandatory application for registration. Article 5 of the "Trademark Law" stipulates that goods that must use a registered trademark according to the state must apply for trademark registration. If the registration is not approved, they may not be sold in the market. The goods referred to here that must use registered trademarks include human medicines and tobacco products.
What are the procedures for applying for trademark registration?
From applying for trademark registration to receiving the "Trademark Registration Certificate", you need to go through formal review, substantive review, preparation of preliminary trademark review announcement, Procedures such as opposition period, preparation of registration announcement and issuance of "Trademark Registration Certificate". In recent years, the Trademark Office has continued to speed up its work process, and it still takes 12 to 15 months.
What are the requirements for trademark registration applicants
After the revision of the Trademark Law and its implementing regulations, the scope of trademark rights has been expanded, giving domestic natural persons the right to apply for trademark registration, and canceling the previous There are restrictions on the scope of business and special requirements for trademarks of medicines, tobacco, newspapers and magazines, and at the same time, independent trademark registration applications are allowed. 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 with 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 should entrust a nationally 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".
The above is the "Tianhe Trademark Application Process" provided by the editor. I hope you will like it!
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