First, do a good job of trademark inquiry
Trademark inquiry is to avoid the risk of trademark registration, in which the same or similar trademarks are the most common reasons for failure in the process of trademark registration. Although this is not a necessary procedure, it can undoubtedly improve the success rate of trademark registration. However, you can't completely avoid similar trademarks by querying. It takes about five months from the time a trademark is issued to the time it is registered online, and the specific time varies. During this period, the trademarks that have been applied for but not published are actually trademarks published five months ago. In this regard, again, avoid popular, commonly used and popular words.
After confirming that it can be registered, the agency will generally recommend all-class registration, which can protect the trademark to the greatest extent. At this time, we need to consider the company itself in combination with the company's long-term strategy and development expectations. First of all, due to the high registration cost of all categories, if start-ups need to consider this part of the cost, they can also consider registering joint trademarks on some commodity categories first, and then registering all categories when the economy permits. Secondly, if it is not used for three consecutive years without justifiable reasons, as long as others apply to the Trademark Office for cancellation of the registered trademark, it is in danger of being revoked.
Second, prepare the materials and submit the application for registration
Only when the materials are complete can the application be efficient.
The application for trademark registration shall be filled in according to the published classification table of goods and services. For each application for trademark registration, an application for trademark registration 1 copy and a trademark pattern 1 copy shall be submitted to the Trademark Office; Where an application for trademark registration is made by color combination or colored pattern, the colored pattern shall be submitted, and a 1 black and white manuscript shall be submitted; If no color is specified, a black and white pattern shall be submitted.
Where an applicant applies for trademark registration with a three-dimensional mark, it shall make a statement in the application, explain the way of using the trademark, and submit a pattern that can determine the three-dimensional shape. The submitted trademark pattern shall contain at least three views. Where an application for trademark registration is made in the form of color combination, a statement shall be made in the application to explain the use of the trademark.
Where a sound trademark is used to apply for trademark registration, a statement shall be made in the application, a sound sample that meets the requirements shall be submitted, the sound trademark applied for registration shall be described, and the purpose of the trademark shall be explained. When describing a sound trademark, you should use staff or notation to describe the sound of the trademark application, and attach a text description; If it cannot be described by staff or notation, it shall be described by words; Trademark description and sound sample should be consistent.
To apply for the registration of a collective trademark or a certification trademark, it shall be declared in the application form, and the qualification certificate of the subject and the management rules for the use shall be submitted.
Where a trademark is in a foreign language or contains a foreign language, its meaning shall be stated.
The trademark pattern provided must be clear and easy to stick, and be replaced by bright and durable paper or photos. An applicant for trademark registration may apply for the registration of the same trademark for many kinds of goods through one application.
Each application for trademark registration shall be regarded as an application, and an application for handling the corresponding matters shall be submitted:
(1) To apply in the name of a natural person, you need to show your ID card and submit a copy of the business license of individual industrial and commercial households, individual partnerships and other business entities;
(2) Where an enterprise is the applicant, a copy of the business license of the enterprise and a copy of the business license signed by the issuing authority shall be provided. And submit a complete application for trademark registration with the official seal of the unit and personal signature, and prepare to pay the corresponding registration fee according to the regulations.
Registration channel
It should be noted that there are some differences in the submission of documents between self-handling and entrusting a legally established trademark agency. As for the documents submitted, if they are handled directly in the Trademark Office, the applicant shall submit a copy of the agent's ID card in addition to the documents that should be submitted; Where a trademark agency is entrusted, in addition to the documents that should be submitted, the applicant should also submit a power of attorney to entrust a trademark agency to handle trademark registration.
In the way of submitting documents, if the applicant handles it himself, the applicant or agent will directly submit the application documents to the acceptance window of the trademark registration hall, because the Trademark Office does not accept applications sent by non-agency agencies at present; The agency can submit the application documents to the Trademark Office directly, by mail or through express delivery companies, and can also submit the application for trademark registration through the online application system.
Iii. Registration review
After submitting the application, the next step is to review it. The first is the formal examination, that is, the State Trademark Office examines the formal legality of trademark application documents, examines whether the trademark application documents are true, accurate, clear and standardized, whether they are filled in according to the unified requirements of the state, and whether the relevant procedures are complete, and then decides whether to accept the trademark application. After the examination and approval of the form of trademark registration, the Trademark Office issued a Notice of Acceptance of Trademark Registration Application to the applicant. If it still fails to meet the requirements within the time limit, it will not be accepted directly. Meet the requirements, enter the substantive examination. The substantive examination will examine the legality of trademark registration according to the order of its application date through retrieval, analysis and comparison, and examine whether the trademark is the same as the trademark applied earlier, whether it is in approximate conflict with the trademark applied earlier, and whether the trademark violates the provisions of the relevant trademark law and trademark implementation regulations, so as to determine whether to give a preliminary examination announcement, that is, to announce the preliminary examination registration, otherwise reject or partially reject it, or directly delete the trademark without examination.
Fourth, enter the publicity period
The first is the preliminary examination announcement. After examining the application for trademark registration, a decision to approve the registration shall be made in accordance with the relevant provisions of the Trademark Law and announced in the Trademark Announcement. If no objection is raised within three months from the date of the announcement of preliminary examination and approval, the trademark shall be registered and a registration announcement shall be issued at the same time. If no objection is raised within three months after the announcement of preliminary examination and approval, or if the objection is ruled invalid, the trademark will take effect and be protected by law, and the trademark registrant will enjoy the exclusive right to use the trademark. If someone raises an objection, the trademark will be declared invalid, and the selection review will enter a long and tiring review and litigation.
Verb (abbreviation of verb) Issuance of trademark registration certificate
Through the agent, the agent sends the trademark registration certificate to the trademark registrant. Where a trademark is directly registered, the trademark registrant shall obtain it from the Trademark Office within three months after receiving the Notice of Obtaining a Trademark Registration Certificate. It takes about two to three years to apply for trademark registration. The period of validity of a registered trademark is ten years, counting from the date of approval of registration. Where it is necessary to continue to use a registered trademark after its expiration, it may apply for renewal of registration. The road to application is so long, the preliminary preparation must be complete. If there is a failure during this period, don't be confused and hesitant. Solve the current problems as soon as possible, apply as soon as possible, and get more legal and effective protection.
trade mark registration