1, trademark inquiry.
Trademark inquiry refers to the inquiry whether the trademark applied by the applicant for trademark registration or his agent is the same as or similar to the trademark with prior rights before applying for registration.
The following situations are explained here:
1) words that lack distinctiveness or are prohibited by the trademark law cannot be queried to determine whether their registration application can be approved;
2) If the trademark identical or similar to the previous application has not entered the database of the Trademark Office at the time of inquiry, the inquiry result will not be reflected because of the two approximations;
3) If the inquiry report provides several possible similar trademarks, the agent only makes an analysis through general examination standards and experience, and his opinions are for reference only and cannot represent the examination opinions of the Trademark Office;
4) For a combined trademark, if only a part of the trademark (such as Chinese or English) is inquired, but other parts of the trademark actually applied for (such as graphics) are the same as or similar to the registered trademark of others, the whole trademark will be rejected;
5) The client only provided the name of the trademark when inquiring, but the differences in font, color, structure or arrangement of the trademark design drafts provided in the actual application will also lead to the query results not completely reflecting the same or similar degree.
2. Trademark review.
Trademark review is divided into formal review and substantive review.
(1) It takes 3-4 months to review the trademark form, and it is very important to establish the application date, because the principle of prior application is adopted in trademark registration in China, and once the application date occurs, it will become the legal basis for determining the trademark right. The date of application for trademark registration shall be the date when the Trademark Office receives the application documents. The Trademark Office receives the trademark application and issues a notice of acceptance for the application that meets the formal requirements.
(2) Examination of the substance of a trademark (65,438+02 months) is a series of activities such as examination, data retrieval, analysis and comparison, investigation and study, and decision of preliminary approval or rejection by the trademark registration authority. During this period, please do not mark the registration marks (such as "registered trademark" and "?") ) before the trademark is approved for registration. Wait a minute. ), you can mark "TM". In addition, before the registration is approved, it is not advisable to make too many products and packages with the trademark or trademark logo at one time, in case the registration is blocked and unnecessary losses are caused.
3. Announcement of preliminary examination.
Trademark examination and approval refers to the decision to approve the registration of a trademark that meets the relevant provisions of the Trademark Law after examination. And make an announcement in the trademark announcement. If no objection is raised within three months or the objection is ruled invalid, the trademark will take effect and a registration certificate will be issued.
Inquiring and analyzing trademark inquiry refers to inquiring whether the trademark applied by the trademark registration applicant or his agent is the same as or similar to the trademark that enjoyed the prior right before applying for registration. Inquiry is not a necessary procedure for trademark registration. The scope of inquiry is limited to the registered trademarks and trademarks in application that have entered the database of the Trademark Office since the date of inquiry, and does not include the prior rights information in the review state. This result has no legal effect, and is for reference only, and is not used as the basis for the Trademark Office to approve or reject the application.
Trademark inquiry is a professional job. You can entrust a trademark agent to inquire on your behalf, and you will get more accurate advice.
Trademark inquiry can also entrust the organization of the Trademark Office to access the Trademark Affairs Center, and the inquiry result is relatively accurate.
Trademark analysis refers to whether the trademark application filed by the trademark registration applicant or his agent violates the provisions of the Trademark Law prohibiting the registration or use of the trademark. This is also a work that must be done before trademark application to improve the success rate of trademark application.
Examination of trademark registration form
Trademark form review (about 3 months), trademark form review refers to whether the documents and procedures for applying for trademark registration comply with the law. If it meets the legal requirements, the examination institution will compile the application number, determine the application date, and issue the Notice of Acceptance of Trademark Registration Application. Create an application
It's important to take a day off. (20 14.05.0 1 Implement the new trademark law, and the trademark form review period is about 1 month).
Substantive examination: the substantive examination of trademark registration
Trademark substantive examination (about 18-30 months). (20 14.05.0 1 Implementing the new trademark law, and the examination period of trademark substance is 9 months)
Announcement of preliminary examination Announcement of preliminary examination of trademarks (3 months) means that the application for trademark registration is approved if it meets the relevant provisions of the Trademark Law after examination. And make an announcement in the trademark announcement. If no objection is raised within three months from the date of the announcement of preliminary examination, the trademark shall be registered and a registration announcement shall be issued at the same time. If no objection is raised within three months or the objection is ruled invalid, the trademark will take effect and a registration certificate will be issued.
Four steps: trademark inquiry (one day)-trademark form review (about 1 month)-trademark substance review (12-48 months)-trademark announcement (3 months)-obtaining registration certificate (2 months).
Friendly reminder: during the trademark application period (before being approved for registration), please do not mark the registration marks (such as "registered trademark" and "?") ) in the process of use. Wait a minute. ), you can mark "TM".
What materials should a legal person provide to the Trademark Office when applying for a trademark?
A legal person applying for a trademark shall provide the following materials: 1. A copy of the business license (with a clear official seal in the blank); 2 trademark design (including text design or graphics, etc.). ); 3. Inform the products or services to be registered, such as clothing or electrical appliances.
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