Legal subjectivity:
Applying for a registered trademark must meet the following conditions:
(1) The registered trademark must be distinctive, competitive, and valuable logo;
(2) The trademark applicant must be the trademark owner or other person who can register according to law;
(3) The trademark application must submit a registration application, product samples, Instructions and other related materials. Legal objectivity:
Basic conditions and requirements for trademark registration applications: (1) The trademark application documents must be complete: the trademark registration application must be stamped with the applicant’s seal, and those entrusting an agent should provide a trademark agency power of attorney and add Stamped by the agent; if you apply directly, you must also provide: a copy of the applicant's business license or a copy of the business license stamped by the local industrial and commercial administration department, a letter of introduction from the applicant, and a copy of the person in charge of the business license. (2) Application documents must be filled out in a standardized manner. If changes are required, a stamp or signature must be added; (3) The trademark image must be clear and easy to paste; (4) When applying for trademark registration of medicines, cigarettes or newspapers and magazines, provide relevant information Certification documents from the department; (5) If applying for registration using a portrait as a trademark, a letter of authorization from the portrait owner must be provided and notarized by a notary authority; (6) When applying for collective trademarks and certification marks, it is also necessary to provide the applicant's qualification certificate for the use of the trademark. Management rules. Trademark registration application: (1) If the trademark application passes the formal examination, it will enter the substantive examination process; if it does not meet the formal examination, the Trademark Office will send a correction notice or a notice of acceptance to the agent or applicant, and it will basically be accepted and the application date and application date will be retained. No., it will enter the substantive review process after passing the corrections. (2) After the trademark application passes the substantive examination, it will enter the preliminary examination and announcement process; if it fails to pass the substantive examination, the Trademark Office will reject the trademark application or require amendments. After the amendment is passed, it will enter the preliminary examination and announcement. (3) Within three months from the date of preliminary approval announcement of a trademark, if no one raises an objection or the objection is ruled untenable, the trademark will enter the approval registration announcement and certification procedures; if the objection is ruled established, the Trademark Office will reject the trademark application. Procedure for supplementing and correcting trademark registration applications: After the Trademark Office receives the trademark registration application, upon review, if the trademark application procedures are basically complete or the application receipt is basically in compliance with the regulations, but further amendments and improvements are needed, according to the Tenth Detailed Rules for the Implementation of Trademarks, According to the provisions of Article 1, the Trademark Office will notify the agent or applicant to make corrections as required, and make corrections within 15 days from the date of receipt of the notice of correction and return them to the Trademark Office together with the notice, retaining the application date and application number. If no corrections are made or corrections are made within the time limit, the application date and application number will not be retained. Procedure for rejecting trademark registration applications: After the Trademark Office receives the trademark registration application, upon review, it is found that the trademark application procedures are incomplete or the application documents are not filled in as required. According to Article 12 of the Implementing Rules of the Trademark Law, if the Trademark Office will return the application, the application date and application number will not be retained; if you need to reapply, you must complete the relevant procedures before filing. If the agent or applicant changes the trademark pattern stamped with the Seam Seal of the Trademark Office on his own, the application form will become invalid. If he needs to continue the application, he should go through the procedures again and pay the fee. Procedure for review and amendment of trademark registration applications: According to Article 16 of the Implementing Rules of the Trademark Law, if the Trademark Office believes that the content of the trademark registration application (generally referring to the content of the trademark, goods or services) can be revised and passed, it will issue an "Examination Opinion" ”, the applicant is required to make corrections within fifteen days from the date of receipt of the notice; if no correction is made, the time limit for correction is exceeded, or the correction still does not comply with the relevant provisions of the Trademark Law, the application shall be rejected and the applicant shall be issued a "Notice of Rejection" 》. International registration of trademarks: International registration of trademarks refers to trademark registration by the International Bureau of the World Intellectual Property Organization in accordance with the Madrid Agreement and the relevant protocols to the Madrid Agreement. Domestic applicants applying for international trademark registration must first obtain trademark registration and preliminary approval in China or the application has been accepted and meet one of the following conditions: (1) Have a real and effective business place in my country; (2) Have a real and effective business location in my country; Have a residence; (3) Possess Chinese nationality. To apply for international registration, the applicant can go to the Trademark Office directly or entrust an agency to apply, or go to the International Bureau directly or entrust an agency to apply.
International registration does not generate exclusive rights. Only when the trademark registrant applies for and is approved for protection in a certain member country, the nationally registered trademark can enjoy the same rights as the domestically registered trademark in that country. Provide proof of priority: Priority means that in a member country of the Paris Convention, if an applicant files an application for the same trademark registration in two or more countries, and if the interval does not exceed six months, the date of the first application can be used as the second application. Date of application to obtain priority application rights. If an applicant in my country files an application for domestic registration of a trademark with the China Trademark Office on January 1, 1998, and then files an application for international registration of the same trademark with the trademark authority of another country before July 1, 1998, then the applicant will Priority can be claimed, and the first filing date of January 1, 1998 shall be regarded as the second filing date. Application for collective trademarks and certification marks: Collective trademarks refer to product trademarks or service marks used by members of industrial and commercial groups, associations or other collective organizations to indicate that operators of goods or providers of services belong to one organization. In addition to submitting the necessary application documents for general trademarks, when applying for a collective trademark, you should also provide the applicant's qualification certificate issued by the relevant department and the management rules for the use of the trademark. Certification marks refer to goods or services controlled by an organization with the ability to detect and supervise certain goods or services and used by people other than them to certify the origin, raw materials, manufacturing methods, etc. of the goods or services. Goods or service marks of specific quality. In addition to the materials required for the above-mentioned collective trademark, when applying for a certification mark, you should also provide documents issued by relevant departments stating that the applicant has the ability to detect and supervise the specific quality of a certain product or service. Application for well-known trademark recognition: A well-known trademark refers to a registered trademark that enjoys a high reputation in the market and is well-known to the relevant public. Well-known trademarks are recognized by the Trademark Office. To apply for a well-known trademark, you must submit the following supporting documents: (1) The sales volume and sales area of ??the goods using the trademark in China; (2) The main economic indicators of the goods using the trademark in the past three years and their Ranking in the same industry in China; (3) Advertising status of the trademark; (4) Sales volume and sales area of ??goods using the trademark in foreign countries; (5) The earliest use of the trademark and the time of continuous use; ( 6) The registration status of the trademark in China and foreign countries. (7) Other documents proving that the trademark is well-known. Application for registration of special signs: Special signs refer to names, abbreviations, emblems, mascots and other signs consisting of words and graphics used in national or international documents, sports, scientific research and other social welfare activities approved by the State Council. . To apply for special sign registration, in addition to the application form, the following documents must be submitted: (1) Documents or instructions from the State Council approving the holding of the social activity; (2) Conditions and management measures for allowing others to use the special sign; (3) Other documents. Trademark opposition application: Trademark objection is clearly stipulated in the Trademark Law and its detailed rules. It is a legal procedure for publicly soliciting public opinions on a preliminary trademark review. Its purpose is to confirm trademark rights fairly and openly and improve the quality of trademark registration review. The scope of trademark objections is very wide, including that the initially approved trademark is identical or similar to the previously applied trademark, that the initially approved trademark violates the prohibition clauses of the Trademark Law or that the trademark is not distinctive, and that the applicant is not Have application qualifications, etc. Anyone who files a trademark objection can be a trademark registrant or a non-trademark registrant, an enterprise, an institution, or an individual, or a legal person or an illegal person. The opposition period for a trademark is within three months from the date of announcement of a preliminary approved trademark. The date of application for trademark opposition shall be the date of the application form from the Trademark Office. If the last day of the objection period falls on a holiday, it can be postponed to the first working day after the holiday when the application is received. The trademark opponent must submit a "Trademark Objection Letter", in which he must clearly fill in the applicant of the opposed trademark, the product category, the date when the trademark was published in the preliminary examination announcement, the announcement period number and the preliminary examination number. On the contrary, when someone else raises an objection to their trademark registration, the opposed party can make a reply within the time limit.