1. Briefly explain that if a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for goods or services produced, manufactured, processed, selected and distributed, it shall file an application for trademark registration with the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) according to law. There are 45 categories of goods and services registered by trademarks, including 34 categories of goods and 1 1 services. Designate the trademarks used for commodities as commodity trademarks and the trademarks used for services as service trademarks. There are two ways to apply for the registration of a commodity trademark or a service trademark: (1) entrusting a nationally recognized trademark agency to handle it. (2) The applicant goes directly to the trademark registration hall of the Trademark Office. Three. Procedure (1) Where a trademark agency is entrusted, the applicant may voluntarily choose any trademark agency recognized by the state to handle it. All trademark agencies registered in the Trademark Office are published in the column of "Agencies". (2) If the applicant goes directly to the trademark registration hall of the Trademark Office, the applicant can go through the following steps: pre-registration inquiry (optional procedure) → preparation of application documents → submission of application documents in the acceptance window of the trademark registration hall → collection of bar codes in the coding window → payment of trademark registration fees in the payment window → issuance of acceptance notice by the Trademark Office in about three months → correction of trademark registration application (optional procedure). If the application for trademark registration is rejected, on the one hand, the trademark registration fee will be lost, on the other hand, it will take about two years to reapply for trademark registration, and it is still unknown whether the reapplication can be approved for registration. Therefore, before applying for a registered trademark, the applicant had better make a trademark inquiry, understand the prior rights, and make a judgment according to the inquiry results before submitting the application. V preparation of application documents for trademark registration (1) to apply for trademark registration in the name of a legal person or other organization, the following application documents shall be submitted: 1. An application for trademark registration stamped with the official seal of the applicant. 2. Six trademark designs (1 on the back of the application, five submitted), with clear patterns, and the length and width of specifications shall be not less than 5 cm and not more than 10 cm. If a color is specified, paste 1 color pattern, cross 5 color patterns, and attach 1 black and white pattern. 3. Go directly to the trademark registration hall, submit a copy of the applicant's business license and show the original business license; If the original business license cannot be produced, the applicant's seal must be affixed to the copy of the applicant's business license. Where a trademark agency is entrusted to act as an agent, a copy of the applicant's business license shall be submitted. 4. Go directly to the trademark registration hall and submit a copy of the agent's ID card; Where a trademark agency is entrusted, a power of attorney for trademark agency shall be submitted. 5. If the trademark applied for registration is a portrait of a person, it shall be accompanied by a notarized statement that the portrait owner agrees to use the portrait as a trademark registration. (2) A natural person applying for trademark registration shall submit the following application documents: 1. An application for trademark registration signed by the applicant. 2. Six trademark designs (1 on the back of the application, five submitted), with clear patterns, and the length and width of specifications shall be not less than 5 cm and not more than 10 cm. If a color is specified, paste a color swatch, cross color 5, and attach a 1 black and white pattern. 3. Go directly to the trademark registration hall and submit a copy of the applicant's ID card or passport, and the agent will show the original ID card or passport and submit a copy; Where a trademark agency is entrusted, a power of attorney for trademark agency and a copy of the applicant's ID card shall be submitted. 4. When a natural person applies for trademark registration, he should pay attention to the following matters: (1) Individual industrial and commercial households can apply for trademark registration in the name of the applicant or the person in charge of licensing registration. When applying in the name of the person in charge, copies of the following materials shall be submitted: ① ID card of the person in charge; ② Business license. (2) An individual partnership may file an application for trademark registration in the name of the applicant or all the partners. Copies of the following materials should be submitted when applying in the name of all partners: ① partner ID card; ② Business license; (3) Rural contracted business households can apply for trademark registration in the name of the contractor, and copies of the following materials should be submitted when applying: ① ID card of the contractor; 2 contract. (4) Other natural persons authorized to engage in business activities according to law may file an application for trademark registration in the name of the business operator listed in the registration documents issued by the relevant administrative organs, and shall submit copies of the following materials when applying: ① the identity card of the business operator; ② Registration documents issued by relevant administrative departments. (5) The scope of goods and services for which a natural person applies for trademark registration is limited to the business scope approved by the natural person in the business license or relevant registration documents, or the self-operated agricultural and sideline products. (6) The Trademark Office will not accept an application for trademark registration that does not conform to Article 4 of the Trademark Law, and notify the applicant in writing. Where the applicant provides false materials to obtain trademark registration, the Trademark Office shall revoke the registered trademark. 5. If the trademark applied for registration is a portrait of a person, it shall be accompanied by a notarized statement that the portrait owner agrees to use the portrait as a trademark registration. (3) Specific requirements for filling in the application for trademark registration 1. According to Article 15 of the Regulations for the Implementation of the Trademark Law, the application for trademark registration and other relevant documents shall be typed or printed. For handwritten trademark applications, the Trademark Office will not accept them; 2. The name and address of the applicant for trademark registration shall be filled in according to the business license. If the address in the business license does not indicate the name of the province, city or county where the enterprise is located, the applicant must add the name of the province, city or county before its address. The official seal of the applicant's name shall be completely consistent with the enterprise name registered in the business license; 3, goods or services should be in accordance with the "classification of goods and services" or "similar goods and services to distinguish the table" to fill in the name of the specification, an application can only fill in a class of goods or services. If the commodity name or service item is not included in the classification table, a description of the commodity or service item shall be attached. 4. If the applicant is a natural person, the applicant's name and ID number shall be filled in after the name; The address of the applicant can be filled in with the actual address or mailing address of a natural person. 5. If the trademark applied for registration is not a three-dimensional trademark or a color combination trademark, the applicant shall tick "√" in the box before the trademark category column "General". 6. Please check the application form carefully before submission, and it cannot be changed after submission. If there is any mistake, you need to submit the Application for Correction of Trademark Application/Registration Matters (Table 7) and pay the 500 yuan fee. Applicants, goods or services and trademark patterns shall not be replaced. Payment and editing of the trademark registration fee for intransitive verbs This paragraph falls within the category of 10 commodity names or service items, and the fee for each trademark registration application is 1 0,000 yuan. If it exceeds 10 (excluding 10), it will be charged 1 yuan for each piece. Where a trademark agency is entrusted, the applicant shall pay the trademark registration fee and agency fee to the trademark agency, and the trademark registration fee charged by the Trademark Office shall be deducted from the advance payment of the trademark agency. Seven. Procedures for Editing and Correcting Trademark Registration Application Brief Description of this paragraph (1) 1. Where an application for trademark registration is made directly in the trademark registration hall, the application procedures are basically complete or the application documents basically meet the requirements, but it needs to be corrected, the Trademark Office shall notify the applicant in writing to make corrections. The applicant shall, within 30 days from the date of receiving the notice, make corrections according to the specified contents and return them to the Trademark Office. If no correction is made within the time limit, the application shall be deemed to have been abandoned. 2. Where a trademark agency is entrusted to apply for trademark registration, the application procedures are basically complete or the application documents basically meet the requirements, but need to be corrected, the Trademark Office shall notify the trademark agency in writing to make corrections. The trademark agency shall, within 30 days from the date of receiving the notice, make corrections according to the specified contents and return them to the Trademark Office. If no correction is made within the time limit, the application shall be deemed to have been abandoned. (2) Precautions 1. When the applicant makes corrections to nonstandard and unspecified goods or services as required, he may make corrections or delete them. At the time of revision, the specification name should still be filled in the form of distinguishing similar goods and services, but the scope of goods or services should not be expanded. 2. If the trademark pattern is unclear or the trademark description should be filled in, the applicant shall make corrections according to the requirements of the Trademark Office, and shall not make substantial changes to the trademark pattern, otherwise it will be deemed invalid. 3. The applicant shall affix the official seal of the applicant in the corresponding blank after revision according to the requirements for correction. If the applicant is a natural person, it shall be signed by himself. Where a trademark agency is entrusted to apply for trademark registration, the official seal of the trademark agency shall be affixed. Eight. Editing the procedure for partially rejecting the application for trademark registration This paragraph (1) briefly describes Article 21 of the Regulations for the Implementation of the Trademark Law, which stipulates that the Trademark Office shall preliminarily examine and approve the accepted application for trademark registration, and make an announcement if the application for trademark registration of some designated goods meets the requirements; If the application for registration of trademark use on some designated commodities does not meet the requirements, the application for registration of trademark use on some designated commodities shall be rejected, and the applicant shall be notified in writing and the reasons shall be explained. Where the Trademark Office preliminarily examines and approves the application for trademark registration on some designated commodities, the applicant may apply for abandoning the application for trademark registration on some designated commodities before the expiration of the objection period; Where an application is made to abandon the registration application for using a trademark on the goods specified in this part, the Trademark Office will withdraw the original preliminary examination and approval, terminate the examination procedure and make a new announcement. Therefore, this procedure is not a necessary procedure for substantive examination of trademarks. (2) After handling the Notice of Partial Rejection of Trademark Registration, the Trademark Office will print it uniformly and send it directly to the applicant by registered mail. If it is represented by a trademark agency, it shall be sent to the trademark agency (except for the self-invitation). If the notice of partial rejection of trademark registration is not delivered to the applicant or trademark agency for some reason and is returned by the post office, the Trademark Office will publish the Notice of Partial Rejection of Trademark Registration in the Trademark Announcement, which will be deemed to have been delivered within 20 days from the date of announcement. If you go through the relevant formalities in the Trademark Office within/0/5 days from the date of service, you will be allowed to resume legal procedures, otherwise it will be regarded as giving up your rights. Nine. Note Edit this paragraph 1. When filling out an application for trademark registration, the applicant shall fill in the address in accordance with the business license. After submitting the application, the Trademark Office will send it to the applicant by registered mail at this address if there are any matters such as correction, rejection or partial rejection, preliminary examination and announcement, and obtaining the trademark registration certificate. If the applicant's actual address does not match the business license address, it shall change the business license address before submitting the application. If the address changes after the application for trademark registration is submitted, the application for address change can be handled with the changed business license and corresponding procedures. If the applicant's address is not postal, it is best to entrust a trademark agency to handle trademark registration applications and other matters. 2. After receiving the application, if the Trademark Office thinks that the procedures are complete and the specifications are filled in, it will generally send a notice of acceptance to the applicant by registered mail in about three months. Where an application for trademark registration is entrusted to a trademark agency, the Trademark Office will mail the Notice of Acceptance to the trademark agency. The notice of acceptance only indicates that the application for trademark registration has been accepted by the Trademark Office, but it does not mean that the application has been approved. 3. If the application for trademark registration is rejected, the applicant may apply to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce for reexamination within 15 days from the date of receiving the notice of rejection. 4. If the trademark applied for registration is challenged, and the applicant is not satisfied with the ruling of the Trademark Office, he may apply to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce for reexamination within 15 days from the date of receiving the ruling of objection. 5. It takes about 2 years for a trademark to apply for a trademark registration certificate without applying for correction or objection. Where an application for trademark registration is directly made in the trademark registration hall after the trademark is approved and registered, the Trademark Office shall send a Notice of Obtaining a Trademark Registration Certificate according to the name and address of the applicant filled in the application for trademark registration; Where an application for trademark registration is entrusted to a trademark agency, the Trademark Office will mail the Notice of Obtaining a Trademark Registration Certificate to the trademark agency. 6. A trademark is still an unregistered trademark after the application is filed but before the registration is approved, and it must still be used as an unregistered trademark. Where the use of a trademark infringes upon the exclusive right of others to use a trademark, it shall not affect the investigation and punishment of the act by the relevant administrative authorities for industry and commerce. 7. If the applicant needs to make a trademark inquiry, he can go to the inquiry window in the trademark registration hall before applying, or log on to "China Trademark Network" to make an inquiry. The prior right information provided by the inquiry is only for the reference of the inquirer, and the acceptance window of the trademark registration hall is not responsible for interpretation. 8. The period of validity of a registered trademark is 10 years, counting from the date of approval of registration. Where it is necessary to continue to use a registered trademark after its expiration, the registrant shall apply for renewal of registration within 6 months before the expiration. If the registrant fails to apply for renewal within this period, he may apply for renewal within a grace period of 6 months after the expiration, but he shall pay a late fee for renewal of registration. If no application for renewal is made after the expiration of the extension period, the Trademark Office will cancel the registered trademark, and the original registrant must re-apply for registration if he wants to continue to have the exclusive right to use the trademark. 9. Precautions for Natural Persons to Apply for Trademark Registration According to Article 4 of the Trademark Law of People's Republic of China (PRC), if a natural person engaged in the production, manufacture, processing, selection, distribution or provision of services needs to obtain the exclusive right to use a trademark, he shall apply to the Trademark Office for trademark registration. To apply for trademark registration and transfer in the name of a natural person, in addition to submitting the application for trademark registration, trademark patterns and other materials in accordance with relevant regulations, the following matters should also be noted: (1) Individual industrial and commercial households may apply for trademark registration in the name of the applicant or the person in charge of licensing registration. When applying in the name of the person in charge, copies of the following materials shall be submitted: ① ID card of the person in charge; ② Business license. (2) An individual partnership may file an application for trademark registration in the name of the applicant or all the partners. Copies of the following materials should be submitted when applying in the name of all partners: ① ID card of the person in charge; ② Business license; ③ Partnership agreement. (3) Rural contracted business households can apply for trademark registration in the name of the contractor, and copies of the following materials should be submitted when applying: ① ID card of the contractor; 2 contract. (4) Other natural persons authorized to engage in business activities according to law may file an application for trademark registration in the name of the business operator listed in the registration documents issued by the relevant administrative organs, and shall submit copies of the following materials when applying: ① the identity card of the business operator; ② Registration documents issued by relevant administrative departments. (5) The scope of goods and services for which a natural person applies for trademark registration is limited to the business scope approved by the natural person in the business license or relevant registration documents, or the self-operated agricultural and sideline products. (6) The Trademark Office will not accept an application for trademark registration that does not conform to Article 4 of the Trademark Law, and notify the applicant in writing. Where the applicant provides false materials to obtain trademark registration, the Trademark Office shall revoke the registered trademark. (7) If the transferee is a natural person, the application for trademark transfer shall be handled with reference to the above matters. X. Special Statement Editing this paragraph (1) The above contents are not official documents issued by the State Administration for Industry and Commerce or the Trademark Office of the State Administration for Industry and Commerce. So all the contents are instructive and not legally binding. (2) The above contents were revised in February 2007. If there is any change in the future, or it is inconsistent with the requirements of the receptionist in the trademark registration hall, the requirements of the receptionist shall prevail.