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Trademark application knowledge

If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services during production and business activities, it shall apply for trademark registration with the Trademark Office. The following is the content about trademark application knowledge compiled by the editor. I hope you all like it!

Introduction to trademark application

Trademark application by natural persons, legal persons or other organizations for their production, manufacturing and processing If the goods selected or distributed or the services provided need to obtain the exclusive right to use a trademark, an application for trademark registration shall be submitted to the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) in accordance with the law. In the narrow sense, trademark registration applications only refer to goods and service trademark registration applications, international trademark registration applications, certification trademark registration applications, collective trademark registration applications, and special sign registration applications. In addition to the content of trademark registration applications in the narrow sense, trademark registration applications in the broad sense also include applications for change, renewal, transfer registration, objection applications, trademark license contract filing applications, and the handling of other trademark registration matters.

There are two ways for domestic applicants to handle various trademark registration matters: one is to go directly to the Trademark Office; the other is to entrust a nationally recognized trademark agency to act as an agent. The main difference between the two methods is the method of contact and the slightly different documents submitted. In terms of the method of contact, if you go directly to the Trademark Office, the applicant will have direct contact with the Trademark Office during the process; if you entrust a trademark agency to handle it, the applicant will contact the Trademark Office through the trademark agency. without directly contacting the Trademark Office. In terms of documents to be submitted, if the applicant goes directly to the Trademark Office, in addition to other documents that should be submitted, the applicant should submit a copy of the person's ID card; if a trademark agency is entrusted to handle the matter, the applicant should submit in addition to the other documents that should be submitted. In addition to other documents, a power of attorney entrusting a trademark agency to handle trademark registration matters should be submitted. Domestic applicants who wish to apply for trademark registration directly should go to the Trademark Registration Hall of the Trademark Office.

Foreigners or foreign enterprises must entrust a trademark agency to handle trademark registration matters in China, except for foreigners or foreign enterprises with habitual residence or business offices in China.

If you entrust a trademark agency to handle trademark registration matters, you can consult the trademark agency for the documents and procedures that should be prepared.

Basics of applying for a U.S. trademark

There are only three bases for applying for a U.S. trademark. That is to say, only one of the three basics can be applied for a US trademark.

1. Submit an application based on actual use (Actual Use)

Actual use means that the trademark has been used in the United States before the date of application. ?Use? Mainly indicates that the products bearing the trademark have been sold in the US market or have been advertised in the US media. It is also worth noting that use refers to the use of all goods/services specified in the application, not partial use.

If filing a U.S. application based on actual use, the applicant needs to provide evidence of trademark use (i.e., at least one photo of a product bearing the trademark per category), as well as in the United States and in other countries around the world. The date of first use (accurate to the year and month)

Information required for trademark application

1. If applying for registration under a company name, a copy of the business license must be provided and must be included in the business license The copy should be stamped with the official seal;

⒉ If applying for registration in an individual’s name, a copy of the personal ID card and a copy of the individual industrial and commercial household’s business license must be provided. The copy of the individual industrial and commercial household’s business license must be stamped Stamp the official seal;

⒊Provide the trademark text or pattern, and if the color needs to be protected, a color pattern is also required;

⒋Provide the goods/services to be registered, which can be based on the applicant's own The goods operated or services provided should be filled in with reference to the ninth edition of the "International Classification of Goods and Services for Trademark Registration" (Nice Classification) and the "Distinguishing Table of Similar Goods and Services" modified by the Trademark Office based on the above-mentioned international classification table;

⒌ Provide a "Trademark Agency Power of Attorney" with an official seal or signature, which can be obtained from this website; especially note that the address on the "Trademark Agency Power of Attorney" should be exactly the registered address on the business license. consistent.

Measures to prevent infringement before trademark registration

Before trademark registration, especially in the process of design and mutual communication, measures can also be taken to prevent trademark design from preemptively registering infringement. Trademark graphic design copyright In case of disputes, provide preliminary evidence

1. Choose third-party platforms such as industry associations for rapid electronic data registration and filing,

2. Choose third-party support platforms with strong technical background and credibility Certification and certification: The public copyright protection platform conducts digital work certification time certification and multi-dimensional intelligent certification. Its scientific nature can be independently verified and verified. When there is a dispute over the ownership of trademark design copyright, preliminary evidence will be provided. If necessary, a judicial appraisal agency will Improve the effectiveness of legal evidence and complement official manual registration to prevent infringement

Things to note when applying for trademarks

When using this column, you should pay attention to the following points:

1 . Each registered trademark pattern in each category of the International Classification of Goods and Services for Trademark Registration is one trademark. Each application for registration of each trademark is regarded as one application, and a separate set of application documents should be submitted and fees paid separately.

2. If the number of copies of the documents to be submitted is not specified, and there is no special statement in the "Specific Requirements" and "Notes" columns, it should be considered as 1 copy. .

The products that must apply for a trademark before they can be used are: human medicine and tobacco.

Notes for natural persons to apply for trademark registration

In accordance with the provisions of Article 4 of the Trademark Law of the People's Republic of China, engaged in the production, manufacturing, processing, selection and distribution of goods Or a natural person providing services who needs to obtain the exclusive right to use a trademark shall apply for trademark registration to the Trademark Office. When handling trademark registration, transfer and other applications in the name of a natural person, in addition to submitting the "Trademark Registration Application", trademark drawings and other materials in accordance with relevant regulations, you should also pay attention to the following matters:

⑴ Individual industrial and commercial households can use their The trade name registered in the "Business License for Individual Industrial and Commercial Households" can be used to file a trademark registration application in the name of the applicant, or a trademark registration application can be made 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.

⑵ 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 person signing the contract;< /p>

② Contract contract.

⑶ 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:

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 business scope approved by the business license or relevant registration documents, or to the agricultural and sideline products produced by the natural person.

⑸ 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.

⑹ When applying for trademark transfer, if the transferee is a natural person, you should refer to the above matters. People who have read "Trademark Application Knowledge" also read:

1. Precautions for enterprises to use trademarks

2. What principles should be followed in trademark registration

3. Methods of registering international trademarks

4. Registering international trademarks

5. Specific procedures for international trademark registration