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2016 Sichuan Trademark Registration

Now many friends have begun to apply for registered trademarks, but how should they be registered? The editor has brought you relevant knowledge about "applying for trademark registration", and you may be one of them. required.

What are the ways to register a trademark?

(1) Register by yourself

Registration by yourself means going to the National Trademark Office to handle trademark registration matters. The National Trademark Office is in charge of national trademarks. For registration and management work, the State Trademark Office is the only unit in the country responsible for reviewing trademark registration. The industrial and commercial departments below the provincial level are responsible for the management of trademark use and have no authority to approve the registration of trademarks. Therefore, trademarks nationwide need to be submitted to the National Trademark Office for registration. China allows its citizens to apply for trademark registration directly to the Trademark Office of the State Administration for Industry and Commerce.

(2) Entrusted registration

Registering yourself means entrusting an organization to apply. The agency fee charged by Beijing trademark registration agencies is generally about 500 yuan.

Whether you apply for trademark registration yourself or entrust an agency to apply for registration, there are risks whether the trademark registration is successful. If the application for trademark registration fails, the application fee is 1,000 yuan (for 10 types of trademark goods and services) (within) will not be returned by the Trademark Office. If you entrust an agency to represent you, the agency fee will not be refunded. Risk agency is not allowed now, but the agency can provide free agency services again.

Trademark registration process

Trademark registration process 1. Formal review

After formal review, the application procedures are complete and the application documents are filled in in accordance with regulations, the Trademark Office will issue Send 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 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 documents are required for trademark registration?

1. When applying for registration with an enterprise as the applicant, a copy of the applicant's business license should be submitted, and the original copy of the enterprise's "Business License" should be presented or in The copy of the applicant's business license shall be stamped with the applicant's official seal.

2. 6 trademark pictures (one should be attached to the back of the application form, and 5 should be submitted). The trademark pattern provided must be clear and easy to paste. It must be on smooth and durable paper or replaced by a photo (printing on A4 paper is also acceptable). The length and width of the pattern should not be greater than 10 cm and not less than 5 cm. If the direction of the trademark pattern is unclear, arrows should be used to indicate the top and bottom.

3. Applications, trademark registration applications and other relevant documents should be typed or printed, with both sides printed. The applicant's address should be consistent with the address in the business license. Neither the address of the business department nor the mailing address can be used as the address in the application, otherwise it will not be accepted.

If you do not entrust an agency, leave the agency-related items blank. The "category" and "goods and services" in the "Application for Trademark Registration" should be based on the goods or services provided by the applicant, and refer to the eighth edition of the "International Classification of Goods and Services for Trademark Registration" (Nice Classification) And the Trademark Office fills in the "Classification Table of Similar Goods and Services" modified according to the above-mentioned international classification table, which can be queried on the China Trademark Network and the lobby of the Trademark Office. If you select more than ten categories of goods or services, the registration fee will be increased by RMB 100 for each additional category. When filling in the types of goods and services, only write the name, do not write the specific number, and stamp the cut-off stamp after the enumeration is completed (the cut-off in brackets can be used instead).

4. Submit the materials and pay the fees to the Trademark Office. The Trademark Office will send an acceptance notice to the applicant in about 2 months. If the materials are incomplete or have some errors, the trademark The Bureau will send a notice of trademark correction, and the applicant must correct the application materials according to the notice within one month.

What are the conditions for a good trademark?

(1) Obvious markings

Trademarks must be simple and highly distinctive, and must be distinctive from other registered trademarks. The difference makes people understand it at a glance and never forget it. Do not deliberately imitate or allude to the names or graphics of others, especially well-known trademarks, and try to avoid choosing flowers, birds, fish, insects, pavilions, famous mountains and rivers that people have long used in "botanical gardens", "zoos" or "building complexes". etc., and which narratives are stronger and have actual meaning? Weak trademarks?.

(2) Broad adaptability

The name or image of a trademark must adapt to the trademark laws of various countries, consumer psychology, languages, customs, and religions of various ethnic groups. Belief; it must also be adaptable to use in various occasions (such as packaging and decoration, various advertising media, enlargement, reduction, hollow, three-dimensional), etc. If a trademark is acceptable when used normally, but when it is used in a smaller size for some reason, due to the imbalance in the size of the trademark pattern, the original small characters are reduced to a blurry thin line that is unrecognizable. This kind of trademark cannot be called a trademark. For a good trademark.

(3) Clever symbolism

Trademarks cannot directly indicate the quality, main raw materials, functions, uses and other characteristics of the goods, nor can they be exaggerated or deceptive. But trademarks cannot be far away from the fundamental attributes of goods. Therefore, a good brand name should be rich in profound connotations and meanings, and be cleverly symbolic, such as "Hui Alai" brand sneakers, "Bailing" brand electronic keyboard, "Mitsubishi" brand automobiles, etc.

(4) High degree of artistry

The shape of the trademark must be beautiful, novel and attractive, and have a unique artistic style, so as to give consumers an enjoyment of artistic beauty and make the mark bear the Trademarked goods have good purchase targets. For example, the "Lang" wine trademark is strong and conspicuous, the "CocaCola" trademark is smooth and eye-catching, and the "Lark" musical instrument trademark looks like a real lark ready to appear, etc.

(5) Convenience of publicity

As the saying goes: "Good wine also depends on shouting." Therefore, in addition to the above requirements, a good trademark should also be easy to call, easy to write, and easy to combine with clever language as the main sentence of advertising for advertising. It can be seen from this that wild cursive Chinese characters are not convenient for writing and memorization, and separate graphics are not convenient for calling and advertising, so they are not suitable for use as a trademark alone.

Apply for trademark registration