Do you want to open an online store or register a trademark!

These are completely two different things! They do not interfere with each other! Otherwise, if you register a trademark just to open a store, it is not necessary for you. Sexuality and weak promotion will make it impossible for your trademark to achieve sufficient benefits. In the end, you may even feel that you have spent a lot of money in vain!

If you really want to register a trademark, you can do it yourself, but it is very cumbersome and your energy is limited. You can ask a large local trademark agency to handle it!

Application for trademark registration procedures

1. Brief description

Natural persons, legal persons or other organizations regarding their production, If the goods manufactured, processed, selected or distributed or the services provided require the exclusive right to use a trademark, an application for trademark registration shall be submitted to the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) in accordance with the law. The International Classification of Goods and Services for trademark registration has 45 categories, including 34 categories of goods and 11 categories of services. A trademark designated for use on goods is a product trademark, and a trademark designated for use on services is a service trademark.

2. Processing Channels

There are two channels for applying to register a commodity trademark or service mark:

(1) Entrust a nationally recognized trademark agency to handle the application.

(2) Applicants should go directly to the trademark registration hall of the Trademark Office to apply.

3. Processing steps

(1) If entrusting a trademark agency to handle the matter, the applicant can voluntarily choose any nationally recognized trademark agency to handle the matter. All trademark agencies registered with the Trademark Office are published in the "Agency" column.

(2) If the applicant goes directly to the trademark registration hall of the Trademark Office, the applicant can follow the following steps:

Inquiry before applying for trademark registration (optional procedure) → Preparation Application documents → Submit the application documents at the acceptance window of the trademark registration hall → Print the bar code at the coding window → Pay the trademark registration fee at the payment window → The Trademark Office will issue an "Acceptance Notice" in about one month → Supplementary corrections to the trademark registration application (

4. Inquiries before application (optional procedure)

It takes about one and a half years for a trademark to be 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 about one and a half years to re-apply for a registered trademark, and it is still unknown whether the re-application will be approved for registration. Therefore, before applying for a registered trademark, it is best for applicants to conduct a trademark search to understand the status of prior rights, and then make a judgment based on the search results before submitting the application. If a trademark agency is entrusted to handle the trademark registration application, the trademark agency will be responsible for the inquiry. (See "Inquiry before applying for trademark registration" for details)

5. Preparation of trademark registration application documents

(1) If applying for trademark registration in the name of a legal person or other organization, you should Submit the following application documents:

1. Trademark registration application stamped with the official seal of the applicant.

2. Five trademark drawings, which must be clear and have a length and width of not less than 5 cm and not greater than 10 cm. If color is specified, there will be 5 color drawings and a black and white ink drawing.

3. If you go directly to the trademark registration hall, submit a copy of the applicant's business license and present the original copy of the business license; if you cannot produce the original copy of the business license, the applicant's copy of the business license must be added. Stamp the applicant's seal. If a trademark agency is entrusted to handle the matter, a copy of the applicant's business license must be submitted.

4. If you go directly to the trademark registration hall to handle the matter, submit the ID card of the person in charge and its copy; if you entrust a trademark agency to handle the matter, submit a trademark agency power of attorney.

5. If the trademark applied for registration is a portrait of a person, a notarized statement from the portrait owner agreeing to register the portrait as a trademark should be attached.

(2) If a natural person applies for trademark registration, he should submit the following application documents:

1. Trademark registration application signed by the applicant.

2. Five trademark drawings, which must be clear and have a length and width of not less than 5 cm and not greater than 10 cm. If color is specified, there will be 5 color drawings and a black and white ink drawing.

3. If you go directly to the trademark registration hall to apply, submit a copy of the applicant's ID card or passport, and present the original ID card or passport; if you entrust a trademark agency to apply, submit a trademark agency entrustment and a copy of the applicant’s ID card.

4. If the trademark applied for registration is a portrait of a person, a notarized statement from the portrait owner agreeing to register the portrait as a trademark should be attached.

(3) Specific requirements for filling in a trademark registration application

1. According to Article 15 of the "Regulations for the Implementation of the Trademark Law", trademark registration applications and other relevant documents must be typed or print. The Trademark Office will not accept handwritten trademark applications;

2. The name and address of the trademark registration applicant should be filled in according to the "Business License". If the address in the "Business License" does not contain If the name of the province, city, or county where the enterprise is located, the applicant must add the name of the province, city, or county before its address. The official seal should be exactly the same as the company name on the "Business License";

3. The goods or services should be filled in with standardized names in accordance with the "Commodity and Service Classification Table" or "Similar Goods and Services Classification Table". Only one category of goods or services can be filled in each application form. If the product name or service item is not included in the classification list, a description of the product or service item should be attached.

4. If the applicant is a natural person, in addition to filling in the name, the applicant must also fill in the ID number after the name; the applicant's address can fill in the actual address or mailing address of the natural person.

5. If the trademark applied for registration is not a three-dimensional trademark or a color group trademark, the applicant should check "√" in the box before "General" in the trademark type column.

VI. Payment of trademark registration fees

Within 10 product names or service items in a category, the trademark registration application fee is 1,000 yuan for each application, more than 10 ( (excluding 10 items), each additional item will be charged an additional RMB 100.

If the applicant entrusts a trademark agency to handle the matter, the applicant shall pay the trademark registration fees and agency fees to the trademark agency. The trademark registration fees collected by the Trademark Office will be deducted from the advance payment of the trademark agency.

7. Trademark registration application correction procedure (not required)

(1) Brief description

1. Go directly to the trademark registration hall to apply for trademark registration 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 notify the applicant in writing to make supplements and corrections. The applicant should make corrections according to the specified content and return it to the Trademark Office within 30 days from the date of receipt of the notification. If no correction is made within the time limit, the application will be deemed to have been abandoned.

2. If a trademark agency is entrusted to handle the trademark registration application, if the application procedures are basically complete or the application documents basically meet the regulations, but if supplements and corrections are needed, the Trademark Office will notify the trademark agency in writing to make supplements and corrections. The trademark agency should make corrections according to the specified content and return it to the Trademark Office within 30 days from the date of receipt of the notice. If no correction is made within the time limit, the application will be deemed to have been abandoned.

(2) Notes

1. When the applicant makes corrections to non-standard or unspecific goods or services as required, the applicant may amend or delete them. When making amendments, the standard name should still be filled in according to the "Classification Table of Similar Goods and Services", but the scope of goods or services must not be expanded.

2. For corrections sent back because the trademark image is unclear or the trademark description should be filled in, the applicant should make corrections according to the requirements of the Trademark Office and shall not make any substantive changes to the trademark, otherwise it will be deemed invalid.

3. After the applicant makes modifications according to the supplementary and correction requirements, the official seal of the applicant should be affixed. If the applicant is a natural person, he or she must sign. If the trademark registration application is entrusted to a trademark agency, the official seal of the trademark agency should be affixed.

8. Partial rejection procedure for trademark registration applications (not required)

(1) Brief explanation

Article 20 of the "Regulations on the Implementation of the Trademark Law" One provision: The Trademark Office will preliminarily review and make an announcement if the trademark registration application accepted by the Trademark Office meets the requirements for use of the trademark on some designated goods; if the registration application for use of the trademark on some designated goods does not meet the requirements , the application for registration of a trademark for use on some designated goods shall be rejected, and the applicant shall be notified in writing and the reasons shall be stated.

If the Trademark Office preliminarily approves the registration application for use of the trademark on some designated goods, the applicant may apply to abandon the registration application for use of the trademark on some designated goods before the expiration date of the objection; For registration applications using trademarks, the Trademark Office will withdraw the original preliminary review, terminate the review process, and make a new announcement. Therefore, this procedure is not a necessary procedure for trademark substantive examination.

(2) Processing

The "Notice of Partial Refusal of Trademark Registration" will be printed by the Trademark Office with a unified number and sent directly to the applicant by registered letter. If it is handled through a trademark agency, it will be sent to the trademark agency (except for self-pickup).

If the "Notice of Partial Refusal of Trademark Registration" fails to reach the applicant or trademark agency for any reason and is returned by the post office, the Trademark Office will publish the "Notice of Partial Refusal of Trademark Registration" in the "Trademark Announcement" 》The announcement shall be deemed to have been delivered within 20 days from the date of announcement. If you come to the Trademark Office to handle relevant procedures within 15 days from the date of service, the legal process will be allowed to resume, otherwise it will be deemed to have given up your rights.

9. Notes

1. When filling out the trademark registration application form, the applicant should fill in the address according to the business license. After the application is submitted, if matters such as corrections, rejection or partial rejection, preliminary approval announcement, or receipt of the "Trademark Registration Certificate" occur, the Trademark Office will send it to the applicant by registered mail based on this address. If the applicant's actual address does not match the address on the business license, the applicant should first change the address on the business license before submitting the application. If the address changes after submitting a trademark registration application, the address change application can be handled with the changed business license and corresponding procedures. If the applicant's address is not accessible by post, it is best to entrust a trademark agency to handle trademark registration applications and other matters.

2. After receiving the application, the Trademark Office will, after formal review, deem the application to be complete and filled in in a standardized manner. It will generally send the "Notice of Acceptance" to the applicant by registered mail one month later. If the trademark registration application is entrusted to a trademark agency, the Trademark Office will mail the "Notice of Acceptance" to the trademark agency. The "Notification of Acceptance" only indicates that the trademark registration application has been accepted by the Trademark Office, but does not indicate that the application has been approved.

3. If the trademark registration application is rejected, if the applicant is not satisfied with the rejection decision, the applicant may apply for review to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce within 15 days from the date of receipt of the rejection notice.

4. If an objection is raised against the trademark applied for registration, if the applicant is dissatisfied with the objection ruling of the Trademark Office, he or she may file a complaint with the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce within 15 days from the date of receipt of the objection ruling. Apply for review.

5. As long as there are no application corrections or objections, it takes about one and a half years from application to receiving the "Trademark Registration Certificate" for a trademark. After the trademark is approved for registration, if the trademark registration application is processed directly at the trademark registration hall, the Trademark Office will send the "Notice of Obtaining the Trademark Registration Certificate" according to the applicant's name and applicant's address filled in the trademark registration application; if it is For trademark registration applications entrusted to a trademark agency, the Trademark Office will mail the "Notice of Obtaining a Trademark Registration Certificate" to the trademark agency.

6. If the applicant does not receive any information within one and a half years from the date of submitting the trademark registration application, he or she can conduct a free inquiry after the trademark application with the Trademark Office. For trademark registration applications entrusted to a trademark agency, the trademark agency must conduct free inquiries after applying to the Trademark Office. (See "How to handle inquiries after trademark application" for details)

7. After the application is filed but before the registration is approved, the trademark remains an unregistered trademark and must still be used as an unregistered trademark. If the use of the trademark infringes upon the exclusive rights of others to use the trademark, it will not affect the investigation and punishment of the behavior by the relevant industrial and commercial administrative authorities.

8. If the applicant needs to conduct trademark inquiry, he can go to the inquiry window of the trademark registration hall before applying. The prior rights information provided in the inquiry is for reference only by the inquirer.

9. The validity period of a registered trademark is 10 years, calculated from the date of approval of registration. If the registered trademark expires and needs to be continued to be used, the registrant should apply for renewal of registration within 6 months before expiration. If the registrant fails to submit an application for renewal during this period, it may do so within the six-month extension period after expiration, but must pay a renewal registration delay fee.

If a renewal application is not submitted after the extension period expires, the Trademark Office will cancel the registered trademark; if the registrant wants to continue to use the registered trademark, he must resubmit a registration application.