First, the composition of trademarks. Trademark is mainly used to distinguish the goods of different commodity producers or operators, which is composed of words, graphics or their combinations. Trademarks should have distinctive features and be easy to identify.
Second, the method of trademark registration. The applicant should first apply to the local administrative department for industry and commerce. At the time of application, an application for trademark registration printed with pen, brush or microcomputer, ten copies of trademark patterns (color patterns should be submitted for color trademarks with specified colors) and a black-and-white ink draft should be submitted. The length and width of the trademark pattern shall not be greater than10cm and not less than 5cm.
The trademark that has been preliminarily examined and approved shall be announced. If there is no objection within three months or the objection cannot be established, the registration shall be approved and a trademark registration certificate shall be issued to the applicant.
3. Acquisition and duration of trademark rights. The exclusive right to use a trademark must be registered. China adopts the principle of voluntary registration for most commodities, but some commodities, such as cigarettes and medicines, must be registered compulsorily. The period of validity of a registered trademark is 10 years, counting from the date of approval. It can be renewed upon expiration, and each renewal is valid for 10 year.
4. Matters needing attention in registering a trademark.
1. The following words and figures shall not be used in the trademark: ① identical with or similar to the national name, national flag, national emblem, military flag and medal; (2) identical with or similar to the flags, emblems, signs and names of intergovernmental international organizations; (3) the common name and figure of the product; (four) directly indicating the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods; (5) exaggerated propaganda with ethnic discrimination or deception; 6 harmful to socialist morality or other adverse effects; ⑦ Names of administrative regions above the county level or foreign names known to the public.
2. Where the same applicant uses the same trademark on different kinds of goods, it shall file an application for registration according to the classification of goods.
3. Where two or more applicants apply for registration with the same or similar trademarks on the same or similar goods, the principle of who applies first shall prevail.
4. Where it is necessary to continue to use a registered trademark after the limited period expires, it shall apply for renewal of registration within 6 months before the expiration; If no application is filed within 6 months after the expiration, the trademark shall be cancelled.
5. Where a trademark is assigned, the assignor and assignee shall apply to the Trademark Office. Without permission, you may not use other people's registered trademarks or use their related words and graphics as your own product name and product decoration.
6. Where a registered commodity is used, the words "registered commodity" or a registration mark (note) or (r) shall be marked on the product or its packaging, instructions and other accessories.
7. When using a registered trademark, you cannot change the registered items such as the text, graphics, name and address of the registrant.
8. Without authorization, a registered trademark shall not be forged, traded or copied.
9. Goods with registered trademarks must ensure product quality. Those who cheat consumers by shoddy goods, if the circumstances are serious, shall be fined less than 20% of the illegal business amount or less than 2 times of the illegal profits, until their registered trademarks are revoked.
Documents required for trademark registration: 1, business license attachment 2, copy of business license attachment 3, official seal 4, letter of introduction 5, trademark pattern (color draft, black and white draft) Price: 100 yuan/time. Registration fee: 1000 yuan/piece.
Trademark registration process
Go to the trademark agency for consultation and trademark registration.
First of all:
Free consultation, trademark inquiry, determine which trademark can be registered!
Second:
Fill in the power of attorney and application for registration, prepare a copy of business license and trademark pattern for company registration, and prepare a copy of personal ID card and trademark for individual registration! Choose the category and subcategory of your goods!
Third:
pay
Fourth:
On the same day, a preliminary acceptance notice was issued, and the information was submitted to the Beijing Municipal Bureau of Commerce! The trademark can be officially used!
Fifth:
About two months, the Trademark Office sent a formal acceptance letter!
Sixth:
About a year and a half, the first instance announcement for three months!
Seventh:
No objection or no objection, approved registration! Issue certificates!
* * * The trademark registration process can be completed in seven steps!
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