What are the materials for trademark application?

The materials for trademark application are:

(1) If you are applying in the name of a natural person, you need to show your ID card and Submit a copy of your identity. If you apply for registration with an enterprise as the applicant, you need to present a copy of the enterprise's "Business License" and a copy of the "Business License" signed by the issuing authority. A completed trademark registration application form with the official seal of the unit and a personal signature.

(2) 10 trademark drawings (for color trademarks of specified colors, 10 colored drawings and 1 black and white ink drawing 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. The length and width must be no more than 10 cm and no less than 5 cm. If the direction of the trademark pattern is unclear, arrows should be used to indicate the top and bottom. When applying for a cigarette or cigar trademark, the image can be as large as the actual one used.

(3) Prepare the corresponding registration fees: pay the Trademark Office’s trademark fee of 1,000 yuan + the trademark agency fee of about 800 yuan. How to apply for a registered trademark?

(1) Apply for registration

1. Only individuals or groups meeting the following conditions can apply for a trademark in my country:

Trademark Registration applicants must be: legally established enterprises, institutions, social groups, individual industrial and commercial individuals, individual partnerships or foreigners from countries that have signed an agreement with China or participated in international treaties with the Chinese Communist Party or based on the principle of reciprocity, or When foreign enterprises that meet the above conditions and need to obtain the exclusive right to use a trademark, they must apply for trademark registration to the Trademark Office on a voluntary basis (from November 1, 2001, the my country Trademark Office began to accept applications for registered trademarks from natural persons).

2. File an application according to the classification of goods and services:

Currently, my country’s trademark law implements the International Classification of Goods, which divides more than 10,000 kinds of goods and services into 45 Categories, including 34 categories of goods and 11 categories of services. When applying for trademark registration, the goods or services category for which the trademark is used should be determined according to the classification of the goods and services classification table. If the same applicant uses the same trademark on different categories of goods, he should file registration applications in different categories according to the commodity classification. This can avoid The unfair expansion of the scope of application of trademark rights is also conducive to the approval of examiners and the protection of trademark exclusive rights.

3. Determination of trademark application date:

It is very important to establish the application date. , since my country's trademark registration adopts the first-to-file principle, once the application date occurs, it becomes the legal basis for determining trademark rights. The application date for trademark registration shall be based on the date when the Trademark Office receives the application document (the smallest unit of date is)

(2) Trademark review

Trademark review is the inspection, data retrieval, analysis and comparison, investigation, research and decision made by the trademark registration authority to determine whether the trademark registration application complies with the provisions of the trademark law. A series of activities including preliminary review or rejection of the application.

(3) Preliminary Examination Announcement

Trademark approval refers to the decision to allow registration of a trademark registration application that complies with the relevant provisions of the Trademark Law after review. And be announced in the "Trademark Announcement". If no one raises any objection to a preliminary approval trademark within three months from the date of publication of the preliminary approval announcement, the trademark will be registered and a registration announcement will be published at the same time.

(4) Registration Announcement

Trademark registration is a trademark legal procedure. The trademark registration applicant submits an application, and after review by the Trademark Office, a preliminary review and announcement will be made. If no one raises an objection within three months or the objection is ruled to be invalid, the trademark will be registered and effective, protected by law, and the trademark registrant will enjoy the trademark. exclusive rights. It takes about one to one and a half years from application to approval of registration for a trademark. Validity Period of a Registered Trademark A registered trademark is valid for ten years, starting from the date of approval of registration. If the registered trademark expires and you need to continue to use it, you can apply for trademark renewal registration.

(5) Receive the Trademark Registration Certificate

Through an agent, the agent will send the "Trademark Registration Certificate" to the trademark registrant.

To apply for trademark registration directly, the trademark registrant should go to the Trademark Office to obtain the certificate within three months after receiving the "Notice of Obtaining the Trademark Registration Certificate". At the same time, he should also bring:

1. Letter of introduction to receive the trademark registration certificate;

2. ID card and copy of the licensee;

3. Original copy of business license, the copy should be stamped with the local industrial and commercial department Seal stamp;

4. Notice of receiving the trademark registration certificate;

5. If the name of the trademark registrant is changed, a change certificate issued by the working department must be attached.

Another: Trademark registration application time: It generally takes about one and a half years from application to issuance of a newly applied trademark, of which application acceptance and formal review takes about one month, and substantive review takes about one year. , the objection period is three months, and it takes about two months from the approval announcement to the issuance of the certificate. How to determine whether a trademark is well-known

The main criterion for determining whether a trademark is a well-known trademark in China is that the trademark enjoys a high reputation in the market and is well known to the relevant public. According to Article 14 of the Trademark Law, the following factors should be considered in determining a well-known trademark:

1. The relevant public’s awareness of the trademark

2. The duration of use of the trademark

3. The duration, extent and geographical scope of any publicity work for the trademark

4. The record of the trademark being protected as a well-known trademark

5. Other factors that make this trademark famous Legal analysis of trademark squatting

The meaning of trademark squatting? The meaning of the term "trademark squatting" has gone through two stages of development. In the first stage, the objects of trademark squatting are basically limited to unregistered trademarks; at this stage, the connotation of trademark squatting has been further expanded, and other people's trademarks or well-known trademarks that are already well-known to the public apply for registration on non-similar goods or services. This behavior also belongs to squatting. Furthermore, it can be considered that the act of applying for registration of other people's innovative designs, design patents, company names and trade names, copyrights and other prior rights as trademarks should also be regarded as trademark squatting.

Trademark squatting can be divided into a narrow sense and a broad sense. Trademark squatting in the narrow sense refers to the competitive behavior of registering a trademark before the original trademark owner to obtain economic benefits. In a broad sense, trademark squatting includes the above situations, and also includes the behavior of squatting to register other people's famous company names or other names with a certain reputation in society as one's own trademark with prior rights in order to obtain economic benefits.

The manifestations and legal analysis of trademark squatting behavior

Trademark squatting behavior mainly has the following forms:

(1) Squatting without registration Trademark

my country's "Trademark Law" stipulates that if two or more trademark registration applicants apply for registration of the same or similar trademarks on the same goods or similar goods, they shall be initially reviewed and announced. For a trademark that has been applied for first, the application of others will be rejected and the trademark will not be announced. If there is no objection within 3 months of the announcement period or the objection is not established, the registration will be approved. my country's Trademark Law does not grant any exclusive rights to users of unregistered trademarks. When a certain trademark is used without registration, the user has no right to prevent others from using the same goods, services or similar goods or services. Use the same or similar trademark or apply for registration first. Only when the user of an unregistered trademark applies for registration on the same day as the non-user, based on the current situation of trademark use and registration application in my country, the applicant who used the trademark first will be taken into consideration so that he can be approved for registration. This scope is limited, it cannot restrict others from applying for registration, and it must not violate the first-to-file principle. The user of an unregistered trademark chooses not to apply for registration of the trademark he uses. This is his right; if he has made a large amount of advertising investment for the unregistered trademark but has not applied for it, or it is later than others who have used the same or similar goods or Applying for trademark registration on the service, only to be preempted by others. This can only show that: 1. Independent decision-making leads to one thing over another; 2. A weak awareness of trademark rights; 3. Sleeping on rights. This certainly does not provide him with legal protection. In countries where the exclusive right to trademark is registered, as long as the business entity has a strong awareness of trademark rights and applies for trademark registration before or at the same time as using the trademark, there will be no preemptive trademark registration. The view that all preemptive registration of trademarks is illegal essentially advocates obtaining the exclusive right to use a trademark, thus fundamentally negating the system of obtaining exclusive rights to a trademark through registration, which is contrary to my country's Trademark Law.

Article 31 of my country’s Trademark Law stipulates that applying for trademark registration shall not damage the existing prior rights of others, nor shall unfair means be used to preemptively register a trademark that has been used by others and has a certain influence. Therefore, it is conditionally confirmed that preemptive registration of a trademark that has been used by others is prohibited by law. While adhering to the registration principle and the first-to-file principle, the law has made reasonable adjustments to the absolute first-to-file principle. It is emphasized that the first application must be based on the principle of good faith, and it is not allowed to steal a trademark that has been used by others and has established a good reputation as one's own trademark to apply for registration, which makes up for the shortcomings of the absolute registration principle and prevents the occurrence of unfair situations in fact.

(2) Preemptive registration of registered trademarks

Registered trademark rights are rights determined by national law, but are subject to geographical and time restrictions. Territoriality determines that a trademark is protected in one or several specific countries and regions, but cannot be protected in countries or regions other than the country or region where it was registered. This may cause A to register trademark A for goods or services of type B in country C. If A does not register the same application in country D, B may register trademark A or a trademark similar to trademark A in country B. For goods or services of type B or similar to type B, apply for registration in country D or apply for registration before A and obtain approval. Although such behavior of preemptively registering a trademark may seem morally questionable, there is nothing legally wrong with such registration.

In the past, due to the weak trademark awareness of Chinese operators, their trademarks owned in my country and already had a certain or good reputation in some countries and regions were preemptively registered by others in that country or region, resulting in the The party cannot use the original trademark registered in China in that country or region and eventually withdraws from the market in that country or region; or although it continues to use the trademark and occupies the market, it pays a high price to obtain the transfer of trademark ownership from the other party; Others have to start over again. I suffered a loss in terms of economic interests, but I was powerless legally. However, with the development of my country's market economy, it has become increasingly common for some domestic enterprises and individuals to rush to register well-known foreign trademarks in China in order to seek economic benefits.

(3) Preemptive registration of well-known trademarks

Preemptive registration of well-known trademarks is more complicated than preemptive registration of unregistered trademarks or registered non-well-known trademarks. After a well-known trademark is preemptively registered by others in another country or region, whether the original owner's trademark exclusive rights can be protected in that country or region ultimately depends entirely on the competent authority of the country or region where protection is requested based on its own laws. Legal recognition. If it is believed that the preemptive registration by others is legitimate, the original trademark owner will lose the ownership of the trademark in its jurisdiction and cannot be protected; conversely, if it is believed that the registration is unfair, it can obtain protection.

(4) Preemptive registration of other prior rights

One of the more prominent contradictions currently existing in the protection of intellectual property rights is the conflict of rights. Some subsequent rights holders take advantage of legal gaps. , maliciously registering other rights such as design patent rights or copyrights that have been obtained by others as trademarks.

To solve the problem of conflict of rights between different types of intellectual property rights, the current law has a basic principle, which is the "principle of protection of prior rights". This principle embodies the principles of fairness and good faith in civil law, and has specific provisions in the Patent Law and Trademark Law. Judging from the provisions of current laws, regulations and rules, the rights and obligations arising from patent rights and trademark rights are subject to different legal adjustments. There is no distinction between who is higher and who is lower, who is stronger and who is weaker. If a conflict of rights occurs, the "principle of protection of prior rights" applies.

To sum up, in the face of various forms of trademark squatting, only by clarifying their respective legal nature can they be attacked head-on through the existing trademark legal system, so as to safeguard the legal dignity and the legitimacy of the parties. Benefit.

The above is the process of trademark registration for Chongqing enterprises provided by the editor. I hope you will like it! Trademark registration