How do individuals register a trademark?

Always receive consultation from the State Administration for Industry and Commerce for registration

Second, entrust an agency to register the trademark

Entrust an agency Agency registration of trademarks

1. Provide application procedures and advance inquiries

1. Provide trademark name (Chinese, English, icon) and products, fax or email to agency for trademark registration Query.

2. After obtaining the query results, select the product item, submit it together with the trademark drawing, and check and confirm.

3. a. Personal application: Provide a copy of the ID card and the applicant’s signature. (Currently, a local county-level industrial and commercial certificate is required - supporting documents such as an individual industrial and commercial business license). If you do not have a business certificate, the agency can help you apply for a business certificate folder, as long as you provide a copy of your personal ID card and a A photo will do.

b. Enterprise application: Provide a copy of the business license with an official seal (fax or email). Trademark registration must prevent risks

1. There is a blind period for trademark inquiries

< p> As we all know, a trademark applied for registration by an enterprise or individual cannot be identical or similar to a trademark that has been registered or preliminarily approved by others on the same or similar goods. Otherwise, the trademark registration application will be rejected by the Trademark Office and the application will not be allowed. Therefore, before submitting a trademark registration application to the Trademark Office, applicants often use various methods to check whether the trademark they want to register is identical or similar, which to a certain extent ensures a higher probability of success for the trademark. However, many applicants do not know that even if they are searched on the Trademark Office website, it does not mean that they are not 100% identical or similar. This is because there is a "blind period" problem in trademark searches. The search blind period for trademarks is generally 3 to 6 months. The blind period of trademark search results in the incompleteness and lag of the prior trademark information. No one can query the prior trademark information during the blind period. Therefore, the trademark applied for registration by an enterprise or individual may be different from the trademark registered in the blind period. The same or similar risks arise with earlier trademarks during the period.

2. Judgment of similarity is subjective

Whether a trademark is similar plays a decisive role in the success of trademark registration. However, whether a trademark is similar cannot be judged by machine or program. It is independently reviewed and decided by the examiners of the Trademark Office in accordance with the "Trademark Examination Guidelines" and related standards. Since different examiners have certain differences in professionalism, knowledge, work experience, sense of responsibility, etc., their judgments on trademarks are similar. It is inevitably affected by the subjective factors of the examiner.

In addition, different categories of trademark registration involve different industry nature, goods and service characteristics, so the examiners of each category have different grasp of the examination standards, and the Trademark Office will temporarily assign them according to the situation. Some examiners support other examination categories with excessive backlogs of documents, which will result in a certain degree of uneven examination standards and thus affect the success rate of trademark registration.

3. Pay attention to the risk of objections during the announcement period

During the three-month announcement period, prior rights holders or interested parties may suffer from well-known trademark protection, trademark preemption, or Objections may be filed for reasons such as similar trademarks and prior application. In addition, anyone may object to the Trademark Office for reasons such as the trademark does not have distinctive features.

Once a trademark is opposed, the opposed trademark will enter a lengthy opposition procedure. After receiving the objection, the Trademark Office will ask the applicant to respond, and then comprehensively make a decision on whether to approve the trademark based on the materials. If you are not satisfied with the opposition ruling, you can further conduct a trademark opposition review until court litigation.

Trademark opposition is a right granted by law to citizens and businesses. Anyone can file an objection as long as they have basic subject qualifications and appropriate reasons. Therefore, in addition to companies or individuals safeguarding their legitimate interests, the occurrence of trademark objections It may also be malicious competition by competitors. In this regard, the risk of objections during the announcement period is also very high. Things to note when choosing a trademark name

1. It is best to choose a word trademark

General trademarks can include text and graphics, letters, numbers, three-dimensional logos and color combinations, as well as the above elements combination. However, it is best for the trademark name to be based on simple and clear text. Because: when applying for registered trademarks, the search for existing registered and unregistered trademarks is mainly based on text.

2. We must consider internationalization and try to choose a good name in English or Arabic numerals

This way, it can be easily recognized by as many people as possible from all over the world, that is, from any region, skin color, race, and culture. Know how to accept and spell out pronunciation. Since English letters and Arabic numerals are symbols recognized by intellectuals of different nationalities, cultures, and skin colors around the world, corporate logos and standard characters using English letters as elements must be universally applicable and universally accepted.

3. After applying for registration of an English trademark, you also need to register a trademark in Chinese

Due to cultural differences, there are huge differences in aesthetics and understanding, and the business gap can only be reduced through localization. Therefore, your registered Chinese trademark is very likely to be different from your English trademark in various aspects. So it is still necessary for you to apply for a registered trademark in Chinese. Separate registration of local (native cultural language) and English is a good method with great flexibility. Among well-known brands in various countries, it is very rare for Heyi to be registered.

4. Trademark uniqueness is very important

If we can take into account both "word creation" and "meaning", the effect will be better, and the uniqueness and distinctiveness will be strengthened and given. A double sublime effect of the trademark's active imagination. While emphasizing trademark recognition, we must also emphasize uniqueness and distinctiveness. The trademark design should be unique in concept, break the rules and be different from others.

5. Simple spelling, beautiful pronunciation, catchy, easy to remember and oral communication

Internationally famous brands, whether from English-speaking or non-English-speaking countries, generally have to obtain An English "foreign name". If you want to become a multinational company and have products that sell well all over the world, you cannot do without a foreign name. Choosing a "foreign name" can not only pave the way for internationalization, but also greatly improve the taste of the brand.

6. The trade name (trade name) is consistent with the brand trademark

At present, in developed countries, it has become a common practice in modern countries to use the special part of the trade name as a trademark for registration. practice. Such as Japan's Hitachi, Toyota, Germany's Bayer, etc. The integration of trademarks and trade names not only achieves the effect of simultaneous publicity of trademarks and trade names, but also obtains protection from dual legal systems.

The naming of trademark registrations should follow the principles of identification, uniqueness, and distinctiveness. Try to follow the above points when naming a trademark to avoid unnecessary legal risks caused by improper naming.

The above is what the editor has provided for you. What is the process for individuals to apply for a trademark? I hope you will like it! Trademark application