What are the conditions for trademark application?

Only individuals or groups meeting the following conditions can file trademark applications in my country:

Trademark registration applicants must be: Legally established enterprises, public institutions, social groups, individual industrial and commercial individuals, 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 based on 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 (from November 1, 2001, the my country Trademark Office began to accept applications for registered trademarks from natural persons). How to register a trademark?

1. Choose the registration method

One is to apply for registration at the Trademark Office of the State Administration for Industry and Commerce; the other is to entrust an experienced trademark agency organization Agency services.

Note: If you have no experience in registering trademarks and do not understand the relevant laws and regulations, it is recommended that you entrust an agency to help, which will save you a lot of time and energy. The author has entrusted a similar agency to help me register before, and the entrustment fee ranged from 1,000 yuan to 300 yuan.

Inquiry

Before registering, it is best to find a comparison agency. Authoritative search company, because your trademark may be the same or similar to other registrants, so pre-registration search can greatly reduce the risk of trademark registration and improve the certainty of trademark registration.

Note: Because different people are responsible for trademark search and examination, and they may have different opinions on the examination, the results of the trademark search cannot be regarded as the final legal basis.

2. Prepare materials

Prepare 10 trademark drawings (for color trademarks of specified colors, 10 colored drawings and 1 black and white ink drawing should be submitted), the length and width should not be greater than 10 cm, not less than 5 cm. If the direction of the trademark pattern is unclear, arrows should be used to indicate the upper and lower parts; if an individual applies, he or she must present his or her ID card and submit a copy plus a copy of the individual business license and the business scope must be consistent with the registered trademark; If the application is from an enterprise, a copy of the enterprise's "Business License" must be presented and submitted; a trademark registration application form with the official seal of the unit shall be submitted.

3. Start applying

4. Submit an application according to the classification of goods and services

Currently, goods and services are divided into 45 categories, among which goods 34 categories, 11 categories of services. When applying for 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 file a registration application according to different categories.

5. Determination of the filing date

This is the most important point: Since trademark registration in my country adopts the first-to-file principle, once you have a dispute over trademark rights with other companies, the filing date will be determined. Prior companies will be protected by law. Therefore, it is very important to establish the filing date. The filing date shall be the date when the Trademark Office receives the application.

The next step is the three procedures of trademark review, preliminary review announcement, and registration announcement. It should be emphasized that for a trademark that has passed the preliminary review by the Trademark Office, registration can only be completed if an objection is raised by mistake three months after the announcement. The trademark is protected by law. The validity period of a registered trademark is ten years, calculated from the date of approval of registration. If the validity period expires and you need to continue to use it, you can apply for trademark renewal registration.

6. Receive the trademark registration certificate

After the trademark is registered, the Trademark Office issues a certificate to the registrant.

If the agent is organized through an agency, the agent will send the "Trademark Registration Certificate" to the registrant; if the registration is done directly, the registrant should arrive at the registrant within three months after receiving the "Notice of Collecting the Trademark Registration Certificate" When collecting the certificate from the Trademark Office, you should also bring: a letter of introduction for obtaining the trademark registration certificate, the ID card of the person receiving the certificate and its copy, the original copy of the business license and a copy stamped with the seal of the local industrial and commercial department, the notice for obtaining the trademark registration certificate, the trademark If the name of the registrant is changed, a change certificate issued by the industrial and commercial department must be attached.

Note: It usually takes about one to three 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 24 to 30 months. , the objection period is three months, and it takes about two months from the approval announcement to the issuance of the certificate. What are the types of trademarks?

Trademarks can be divided into eight categories according to different standards and perspectives.

(1) Classification according to the composition of the trademark, which can be divided into word trademarks, graphic trademarks, and combination trademarks of graphics and words;

(2) Classification according to the purpose and function of the trademark , can be divided into commodity trademarks or service trademarks;

(3) Classified according to different trademark owners and users, it can be divided into manufacturing trademarks, sales trademarks, and collective trademarks;

(4) Classified according to the management of trademarks, which can generally be divided into registered trademarks and unregistered trademarks;

(5) Classified according to the motivation of the trademark user to use the trademark, which can be divided into joint trademarks , defensive trademarks, certification marks;

(6) Classification according to the meaning of the trademark, which can be divided into meaningful trademarks and non-meaningful trademarks;

(7) According to the way the trademark is used To classify, it can be divided into main trademarks, sub-trademarks, product group trademarks, and specific product trademarks;

(8) According to the carrier classification of the trademark, it can be divided into two-dimensional trademarks, three-dimensional trademarks, audio trademarks, and scent trademarks. ;What are the obligations of a trademark registrant

1. A trademark registrant shall be responsible for the quality of the goods or services for which the registered trademark is used. When licensing others to use its registered trademark, the quality of the goods or services on which the licensee uses its registered trademark shall be supervised.

2. Trademark registrants should strictly follow the relevant provisions of trademark laws and use their registered trademarks correctly.

The above is the Jiangxi trademark application process provided by the editor. I hope you will like it! Trademark application