Is there any process to register a trademark now? What should we do to register a trademark? The editor has brought you relevant knowledge about the trademark registration process. You may be among them. required. Trademark registration process
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. What information is needed for trademark registration?
To apply for trademark registration, the "Trademark Registration Application" and other documents should be submitted to the Trademark Office. The specific requirements are:
1. The applicant must follow one According to the principle of one application for one trademark for similar products, submit one "Application for Trademark Registration". That is to say, the goods or services reported in an application can only be limited to one category in the "International Classification of Goods and Services for Trademark Registration". If you entrust a trademark agency to handle the matter on your behalf, you should also submit a "Trademark Agency Power of Attorney".
2. The "Application for Trademark Registration" should be filled out neatly, and the applicant's name and address should be accurate.
3. Each application should be accompanied by 10 trademark drawings (color trademarks of designated colors, 10 colored drawings, and 1 black and white ink draft).
4. Present a copy of the business license of the enterprise or provide a copy of the business license signed and sealed by the issuing authority. If you apply for a registered trademark in the name of a natural person, you should provide the corresponding identity document.
5. Application documents should be in Chinese, and foreign language documents should be accompanied by Chinese translations.
6. When applying for registration of a trademark using a portrait, the applicant must provide a letter of authorization from the owner of the portrait right and it must be notarized by a notary public.
7. If a foreign applicant claims priority, he must fill in the initial filing country, initial filing date and application number on the application form, and must submit priority certification documents to the Trademark Office within 3 months. Failure to submit supporting documents will be deemed to have not claimed priority.
8. When applying for collective trademark or certification trademark registration, you must also provide the corresponding articles of association and subject qualification certificate. Can a company name be registered as a trademark?
Our country allows company names to be registered and used as trademarks.
According to the spirit of my country’s trademark law, company names can be registered as trademarks. However, when an applicant uses the name of an enterprise as a trademark, the enterprise name must contain a significant part, and the enterprise name applied for as a trademark should be completely consistent with the name registered on the applicant's business license.
In the application for registration documents, the applicant may not indicate the relinquishment of exclusive rights for non-significant parts in the application. Because the administrative divisions, industries and corporate organizational forms of these signs cannot be exclusively used by a certain operator, they will be regarded as automatically giving up the exclusive rights during the trademark registration review process, and there is no need to specifically indicate the abandonment.
It should be noted that this kind of overall trademark registration with a company name is not conducive to the company's future transfer, licensing, and change of company name, etc. What should we pay attention to when registering a trademark internationally?
1. The trademark laws of most countries stipulate that geographical names cannot be registered as trademarks. For example, China's famous "Zhonghua" brand cigarettes and toothpaste, "Shanghai" brand televisions and toilet water, "Qingdao" brand, "Beijing" brand beer, etc. Although they were registered in China very early, such trademarks cannot be used abroad. was registered because geographical names cannot be registered as trademarks in many countries.
2. Some countries do not allow the use of numbers as trademarks. For example, for the 555 brand, applications for registration in countries such as Pakistan and Kenya were not approved.
3. The main color of the Swedish flag is blue, and the use of blue as a trademark is prohibited in Sweden.
4. Arab countries prohibit the use of yellow as a trademark.
5. The French believe that "Spade" is a symbol of the dead and "Peach Blossom" is an unlucky thing. Therefore, "Spade" and "Peach Blossom" are prohibited from being used as trademark graphics in France.
6. Italy regards the chrysanthemum as its "national flower", so it is forbidden to use chrysanthemum as a trademark for products in Italy.
7. In Japan, chrysanthemum is regarded as a symbol of the royal family and it is forbidden to use chrysanthemum as a trademark pattern.
8. Latin American countries regard chrysanthemum as a demonic flower, so it is best not to use chrysanthemum patterns on trademarks in these countries.
9. It is taboo in Australia to use rabbits as trademarks. Because Australia is rich in wool, it attaches great importance to the reproduction of pasture and is afraid of rabbits destroying the grass.
10. India and other Arab countries ban pig images as trademarks.
11. The British are taboo about using portraits as decoration on goods.
12. Some countries in North Africa taboo the use of dogs as trademarks.
13. The triangle is regarded as a warning mark internationally, so the triangle cannot be used as a trademark.
14. Czechs believe that the red triangle is a poisonous symbol. For example, you need to pay special attention when registering Shanghai famous brand "Triangle" brand towels in the Czech Republic.
15. In Turkey, the green triangle means "free samples", so it is best not to use it as a trademark.
16. In many countries, roses are used as gifts for relatives and friends, but in India and some European countries, they are used as commemorative items, so they cannot be used as trademarks.
17. Pandas are taboo in some African countries and cannot be used as trademarks. It is difficult for China’s “Panda” brand products to obtain trademark registration in some African countries.
18. Hexagons cannot be used as trademarks in Islamic countries because these countries prohibit the import of goods with this symbol.
19. The British refer to goats as "irregular men". For example, it is difficult to obtain trademark registration for "goat" brand products in the UK.
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