1. Brief explanation
If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for the goods or services it produces, manufactures, processes, selects or distributes, it shall do so in accordance with the law. Submit a trademark registration application to the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office). 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. Procedures required for trademark registration application
(1) If applying for trademark registration in the name of a legal person or other organization, the following application documents should be submitted:
1. Trademark registration application form and power of attorney stamped with the official seal of the applicant.
2. 6 trademark drawings (one attached to the back of the application form and 5 submitted). The drawings are required to be clear and the length and width should be no less than 5 cm and no more than 10 cm. If you specify a color, attach 1 coloring pattern, 5 coloring patterns, and 1 black-and-white pattern.
3. Submit a copy of the applicant’s business license (must be stamped with the applicant’s seal).
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.
(2) If a natural person applies for trademark registration, he or she shall submit the following application documents:
1. Trademark registration application and power of attorney signed by the applicant.
2. 6 trademark drawings (one attached to the back of the application form and 5 submitted). The drawings are required to be clear and the length and width should be no less than 5 cm and no more than 10 cm. If you specify a color, attach one coloring pattern, submit 5 coloring patterns, and attach 1 black-and-white pattern.
3. Submit a copy of the applicant’s ID card or passport.
4. When a natural person applies for trademark registration, he should pay attention to the following matters:
(1) An individual industrial and commercial household can use the trade name registered in his "Individual Industrial and Commercial Household Business License" as the name of the applicant To apply for trademark registration, you can also apply for trademark registration in the name of the person in charge registered on the license. When applying in the name of the person in charge, copies of the following materials should be submitted:
① ID card of the person in charge;
② Business license.
(2) Rural contract operators can apply for trademark registration in the name of the person who signed the contract. When applying, they should submit copies of the following materials:
① ID card of the signatory ;
②Contract.
(3) Other natural persons who are legally permitted to engage in business activities may apply for trademark registration in the name of the operator listed in the registration document issued by the relevant administrative authority. Copies of the following materials should be submitted when applying. Documents:
① ID card of the operator;
② Registration document issued by the relevant administrative authority.
(4) The scope of goods and services for which a natural person applies for trademark registration shall be limited to the scope of business approved by the natural person in the business license or relevant registration documents, or to the agricultural and sideline products produced by the natural person.
(5) For trademark registration applications that do not comply with the provisions of Article 4 of the Trademark Law, the Trademark Office will not accept the application and notify the applicant in writing.
If the applicant provides false materials to obtain trademark registration, the Trademark Office will revoke the registered trademark.
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.
3. Payment of trademark registration fees
Within 10 product names or service items in a category, the fee for each trademark registration application is 1,000 yuan, 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 application, 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.
Four. Procedure for amendment of trademark registration application (optional procedure)
Five. Procedure for partial rejection of trademark registration application (optional procedure)
Vi. , Notes
1. If the Trademark Office receives the application and finds that the procedures are complete and the filling is standardized after formal review, it will generally issue an "Acceptance Notice" in about three months. 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.
2. 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.
3. 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.
4. As long as there are no application corrections or objections, it will take about 3 years from application to receiving the "Trademark Registration Certificate" for a trademark. After the trademark is approved for registration, the Trademark Office will mail the "Notice of Obtaining the Trademark Registration Certificate" to the trademark agency.
5. 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.
6. When the applicant conducts a trademark inquiry, the prior rights information provided in the inquiry is for reference only.
7. 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 original registrant wants to continue to have the exclusive rights to the trademark, he must resubmit a registration application.