To register a trademark in Chengdu, what procedures need to be followed now? What preparations should be made before registering a trademark? Let’s take a look at the following article brought to you by the editor: The process of registering a trademark in Chengdu?, among which maybe There's just what you need.
What preparations should be made before applying for trademark registration
1. Inquiry of prior registration rights of trademarks:
Inquiry refers to the trademark registration applicant or his agent Before a person submits an application for registration, he or she should conduct a search to see whether the trademark he or she is applying for is identical or similar to the previously owned trademark. It is worth noting that although trademark search is not a required procedure for registering a trademark (following the principle of voluntary search), this work can greatly reduce the risks of trademark registration and improve the certainty of trademark registration. During the query process, due to factors such as data processing and trademark application review periods, some previously applied trademarks cannot be entered into the database, so this part of the information cannot be retrieved. In addition, the trademark search and examination work is undertaken by different personnel, and the search personnel and different examiners may have different opinions on the examination. Therefore, the results of the trademark search cannot be regarded as a legal basis and have no legal effect. Therefore, before registering a trademark, it is very important to find a professional trademark search company or a trademark agency organization with complete trademark search conditions.
2. Preparation of trademark application materials:
(1) If you are applying in the name of a natural person, you need to show your ID card and submit it to individual industrial and commercial households, individual partnerships and other business entities. A copy of the business license. 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 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 fee: about 2,000, including application fee and agency fee.
What are the ways to apply for trademark registration?
If a natural person, legal person or other organization needs to obtain the exclusive right to trademark for the goods or services it produces, manufactures, processes, selects or distributes, A trademark registration application must 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.
There are three ways to apply for registration of a commodity trademark or service trademark:
(1) Entrust a nationally recognized trademark agency to handle the application.
(2) Applicants should go directly to the trademark registration hall of the Trademark Office to apply.
(3) Online application.
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.
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.
Issues to note when applying for trademark registration
1. Only individuals or groups meeting the following conditions can file trademark applications in my country:
Trademark registration applicants Must be: a legally established enterprise. Public institutions. social groups. Individual business persons. Individual partnerships or foreigners or foreign enterprises from countries that have signed an agreement with China or participated in international treaties with the Chinese Communist Party or dealt with it in accordance with the principle of reciprocity. Meet the above conditions. When you need to obtain the exclusive right to use a trademark, you must submit a trademark registration application to the Trademark Office on a voluntary basis (since February 2007, my country's Trademark Office has restricted applications for registered trademarks by 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 category of goods or services 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 apply for registration in different categories according to the classification of goods. This can avoid unfair expansion of the scope of application of trademark rights, and is also conducive to the approval of examiners and the protection of exclusive rights to the trademark.
3. Determination of the trademark application date:
It is very important to establish the application date. Since trademark registration in my country adopts the first-to-file principle, once the application date occurs, the order of application dates becomes the law for determining trademark rights. According to this, the application date for trademark registration is based on the date when the Trademark Office receives the application documents (the minimum unit of date is ? day?).
The above is the "Chengdu trademark registration process" provided by the editor. I hope you will like it!
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