According to Article 8 of the Trademark Law revised by 20 13, a trademark can include words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, and combinations of the above elements. When an enterprise chooses its favorite trademark, it can choose from the legal elements of the trademark at will, but it should have obvious characteristics and be easy to identify. In addition, the trademark applied for registration shall not violate the provisions of the Trademark Law on the prohibition of use and registration.

2. Trademark application method

There are two ways for domestic applicants to apply for trademark registration: one is to handle it by themselves; The second is to entrust a legally established trademark agency to handle it. If you handle it yourself, go directly to the registration hall of the Trademark Office or the local acceptance window entrusted by the Trademark Office. Foreigners or foreign enterprises applying for trademark registration and handling other trademark matters in China shall entrust a trademark agency established according to law, except foreigners or foreign enterprises with their habitual residence or business office in China. Applicants from Hongkong, Macau and Taiwan Province Province refer to foreign-related applicants.

3. Submit application documents

If a domestic legal person or other organization directly applies for trademark registration, it shall submit the following documents: fill in the printed application for trademark registration in accordance with the regulations and affix the applicant's official seal, trademark pattern and a copy of the identity certificate.

Lawyer Li Haibo added:

Step 4 accept the application

The Trademark Office will review the application documents first. If the application procedures are incomplete, the application documents are not filled in as required or the fees are not paid, the Trademark Office will return the application documents on the spot; If it basically meets the requirements, the Trademark Office will accept the application documents and the applicant will pay the fee on the spot.

After that, the Trademark Office will further review the application documents. Those that pass further examination shall be accepted by the Trademark Office, and the Notice of Acceptance of Trademark Registration Application shall be mailed to the applicant. If it basically meets the requirements after further examination, but needs to be corrected, the Trademark Office shall notify the applicant to make corrections, and limit him to make corrections according to the specified contents and return them to the Trademark Office within 30 days from the date of receiving the notice. If it is corrected and returned to the Trademark Office within the prescribed time limit, the date of application shall be retained; The Trademark Office will not accept the case if it fails to make corrections within the time limit or fails to make corrections as required.

5. Review and approval

The Trademark Office shall examine the accepted applications for trademark registration in accordance with the relevant provisions of the Trademark Law and the Regulations for the Implementation of the Trademark Law, and preliminarily examine and approve those that meet the requirements and make an announcement. Three months from the date of announcement is the objection period. If there is no objection or the reasons for objection are not established at the expiration of the announcement period, the registration shall be approved, a trademark registration certificate shall be issued and an announcement shall be made. The applicant obtains the exclusive right to use a trademark from the date of approval and registration of the trademark.