Article 3 of the Detailed Rules for the Implementation of the Trademark Law stipulates that an applicant may entrust a trademark agency recognized by the State Administration for Industry and Commerce to act as an agent or directly handle the application for trademark registration and other related matters.
① entrust an agency to act as an agent. Since the second half of 1993, China has stopped the trademark nuclear transformation and fully implemented the trademark agency system. At present, there are 136 trademark agencies in China that provide comprehensive and professional trademark legal services for trademark applicants. Practice has proved that principal-agent has many advantages:
First, it is convenient and timely. The client may entrust a trademark agency to handle trademark affairs nearby.
Second, it saves time and money, and the fees are reasonable. The applicant can save time and expenses for going to and from the Trademark Office. Trademark agencies charge fees in strict accordance with the provisions of the price department.
the third is to ensure the quality and carry out it on time. The agent has professional knowledge of trademarks, is familiar with the application procedures, acts in strict accordance with the authorization authority, and promptly conveys the opinions of the Trademark Office to the applicant to ensure the smooth progress of the application.
Fourth, it is convenient to get the certificate and correct the error in time. The Trademark Office regularly sends the Trademark Registration Certificate to the agency, and the registrant can get it by notice. If there is any problem with the registration certificate, the agency can contact the Trademark Office to correct it.
Fifth, the files are sound and easy to manage and monitor. The trademark agency shall keep the application materials of the client and notify the registrant of trademark renewal. If the same or similar trademarks are found in the Trademark Announcement, the applicant will be contacted in time to provide assistance.
Sixth, it can provide foreign trademark registration service in time. According to international practice, Chinese trademark applicants must convey their applications to the authorities through foreign agencies when handling trademark affairs abroad, while domestic trademark agencies have close business ties with foreign agencies and can provide foreign trademark registration services in time.
② handle it directly. Direct processing means that the trademark applicant goes directly to the Trademark Office to apply for trademark registration. Besides the advantages of agency, direct handling still has some shortcomings.
First, the applicant needs to bring the official seal to the Trademark Office, which is easy to lose and is not conducive to the use of the company;
Second, the applicant is not familiar with trademark laws and regulations, and doesn't know how to deal with the problems in the application process:
Third, the Trademark Office contacts the applicant by mail, and if the applicant's address changes or is unknown, the documents cannot be delivered;
Fourth, the applicant must bring relevant documents to the Trademark Office to obtain the Trademark Registration Certificate. Trademark registration process
trademark registration process 1. Formal examination
If the application procedures are complete and the application documents are filled out in accordance with the regulations, the Trademark Office will issue a notice of acceptance.
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 meet the requirements, but need to be corrected, the Trademark Office will issue a notice of correction of the application for trademark registration. If the applicant makes corrections within the time limit and returns them to the Trademark Office, the date of application shall be kept; If no correction is made or the correction is made within 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 ii. substantive examination
a trademark application enters substantive examination after passing formal examination. After substantive examination, the Trademark Office shall preliminarily examine and approve any trademark application that meets the relevant provisions of the Trademark Law and make an announcement.
if the application is rejected, a notice of rejection shall be issued to the applicant.
if the trademark office thinks that the contents of the application for trademark registration can be amended, it will issue a review opinion. If the applicant gives a reply within the time limit, the Trademark Office will continue the examination.
the trademark that has been preliminarily approved after examination shall be announced by the China Trademark Office in the Trademark Announcement.
within three months from the date of announcement, anyone can raise an objection to the trademark preliminarily approved by China Trademark Office.
if there is no objection or the objection is not established after ruling, the Chinese Trademark Office will approve the registration, issue a trademark registration certificate and make an announcement in the Trademark Announcement; If the objection is established by ruling, the registration shall not be approved.
request for reexamination
in the process of trademark registration, if the applicant is not satisfied with the rejection of the trademark registration application by the Trademark Office, he may request reexamination from the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board will make a final decision on whether to approve or not to register, and notify the applicant in writing. If the party concerned refuses to accept the objection ruling of the Trademark Office, he may request a reexamination to the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board will make a final decision and notify the parties in writing. What are the classifications of trademarks
1. Commodity trademarks
A commodity trademark is the symbol of a commodity, which is the most basic form of trademark. The trademark usually refers to a commodity trademark; Among them, commodity trademarks can be divided into industrial trademarks of commodity producers and commercial trademarks of commodity sellers.
2. Service trademarks
Service trademarks refer to the marks used to distinguish them from other similar services, such as those used by aviation, tour guides, insurance and finance, posts and telecommunications, restaurants, television stations and other units, that is, service trademarks.
3. A collective trademark
refers to a sign registered in the name of a group, association or other organization for members of the organization to use in commercial activities, so as to show the membership of users in the organization. What to pay attention to when applying for registered trademarks
1. Individual industrial and commercial households can apply for trademark registration in the name of the applicant with the name registered in their Business License for Individual Industrial and Commercial Households, or in the name of the person in charge registered in the license. When applying in the name of the person in charge, copies of the following materials shall be submitted:
(1) ID card of the person in charge;
(2) business license.
2. An individual partnership may file an application for trademark registration in the name of the applicant or in the name of all partners. Copies of the following materials shall be submitted when applying in the name of all partners:
(1) ID cards of partners;
(2) business license;
(3) partnership agreement.
3. Rural contracted business households can apply for trademark registration in the name of the contracting party, and copies of the following materials should be submitted when applying:
(1) ID card of the contracting party;
(2) contract.
4. Other natural persons who are authorized to engage in business activities according to law may file an application for trademark registration in the name of the business operator as published in the registration documents issued by the relevant administrative authorities, and copies of the following materials shall be submitted when applying:
(1) the identity card of the business operator;
(2) Registration documents issued by relevant administrative authorities.
5. The scope of goods and services that a natural person applies for trademark registration shall be limited to the business scope approved by his business license or relevant registration documents, or to the self-operated agricultural and sideline products.
6. The Trademark Office will not accept an application for trademark registration that does not meet the requirements of Article 4 of the Trademark Law and notify the applicant in writing.
if the applicant provides false materials to obtain trademark registration, the trademark office shall revoke the registered trademark.
7. If the transferee is a natural person, the application for trademark assignment shall be handled with reference to the above matters. Recommended reading: how to register a trademark
If a company wants to grow bigger and bigger, it must have its own independent brand. So how to set up this brand? The technical term is trademark registration. Many companies think that this is not important, which is a big mistake. Trademark registration is to protect their legitimate rights and interests from others. Once someone threatens their own interests, we can use legal weapons to protect ourselves.
Trademark registration also has the function of distinguishing the source of goods or services, and it can also promote producers or operators to improve the quality of products or services. The quality of goods or services is the basis of trademark reputation. It is not only beneficial to market competition and advertising, but also intangible property, which is the carrier of credibility. Based on reliable product quality, its brand name will be widely spread and appreciated continuously, and the economic benefits of enterprises will be better and better.
so how do you register a trademark?
first of all, you must design a trademark pattern, then make 3 copies, with the size of 4.5 * 7.5cm (as big as a 3-inch photo), and then take the business license to the Shangguang Branch of the local industrial and commercial bureau. After the industrial and commercial bureau accepts it, first take your trademark pattern to the provincial industrial and commercial bureau to check whether the trademark you want to register has the same or similar pattern and name as the registered trademarks nationwide. If there are the same ones, you have to
that's what xiaobian provided for you? What is the detailed process of applying for trademark registration? , I hope everyone can like it! trade mark registration