What does it mean in the registration application in the trademark registration status? The editor has shared with you what it means in the trademark opposition application. Welcome to read, for reference only!

Trademark registration application requires a 6-month review period, so the trademark query is during the actual application. If there is an objection, it will enter the trademark objection, which is more troublesome.

What kind of trademarks cannot be registered?

There are five taboos when registering trademarks:

1. Do not apply for the same or similar trademark as others in the same category

Most Chinese people like to use auspicious words as trademarks for their products, but the number of trademark applications in our country is as high as one million every year, and the total number of trademarks is only 45 categories, so the chance of duplication is high. The general rule is that if you apply for the same or similar trademark as others in the same category, it will be difficult to obtain registration. Therefore, it is particularly necessary to make relevant inquiries before applying. In the past, trademark inquiries were troublesome. You had to go to the Trademark Office to check, which was expensive, laborious, and time-consuming. Now, you can make inquiries publicly through the Internet. As long as you enter the China Trademark Network and search, you can roughly understand whether the trademark you intend to apply for registration is consistent with other trademarks. Identical or similar. But despite this, practice has proved that some are not so easy to judge. At this time, it is best to consult a service agency.

2. Avoid directly stating the quality, raw materials, and functions of the product, exaggerating and deceptive propaganda

Wang Po sells melons and brags about himself. Most companies tend to use the most promotional information. Words, as trademarks, are used to directly indicate the quality and function of goods and promote the use of goods. For example, use "Yonggu" as the trademark for locks and "Libai" as the trademark for washing powder. It is obvious that companies tend to prefer these trademarks. It is not very difficult to judge whether a trademark directly indicates the quality, raw materials, and functions of the goods, or whether it is exaggerated and deceptive. Enterprises are more interested in how to choose some trademarks that have similar meanings and can be registered. The intention of the company is understandable, and there are ways to achieve such a goal without violating legal regulations, such as using suggestive trademarks.

3. Avoid violating socialist morals. The application for the Errenzhuan trademark was rejected. The reason is: Applying to register the Errenzhuan trademark on condoms and other commodities can easily have a negative impact on the art form of Errenzhuan and violate the law. Article 10 of the Trademark Law stipulates: harmful to socialist morals or having other adverse effects. ?What is? Socialist morals? What is? Other adverse effects? There are no specific provisions in the current law, but it is generally considered to include the following factors: having political adverse effects; using the names and abbreviations of various parties, social groups, and government agencies in our country and logos; using the graphics and names of currencies of various countries as trademarks is detrimental to their dignity; using the names and idols of religious sects as trademarks hurts religious feelings and is likely to have adverse effects; and is harmful to social morals, such as "Long Live Money?" wait. These are things that companies must avoid when applying for trademarks.

4. Avoid applying for registration of common names

The purpose of registering an industry common name as a trademark is very clear, which is to exclusively occupy the term and exclude other competitors. This approach is prohibited by law. Anyone who wants to monopolize a common name and break the usual rules of the industry will inevitably cause public outrage. Even if it is registered, anyone can apply to the Trademark Review and Adjudication Board to revoke the registered trademark at any time. For example, in a lawsuit, the Beijing No. 1 Intermediate People's Court held that "甔町" was a common name for the product, and that the use by Niulanshan Distillery and other companies was normal use, which actually denied that "甔町" was a registered trademark.

There is no legal concept of a common name, and no product name is inherently a common name. A common name generally refers to the name of a certain type of trademark that is commonly used within a certain scope. There is no clear legal standard for the judgment of common names, and disputes resulting from this are not uncommon. Therefore, in order to avoid causing disputes and putting the trademark in an unstable state, it is best not to apply for a registered trademark using a common name.

5. Avoid infringing the prior rights of others

If a registered trademark infringes upon the prior rights of others, it should not be registered, and even if it is registered by chance, it may be revoked. my country’s Trademark Law does not clearly stipulate the specific content of prior rights. In practice, it is generally believed that prior rights include: registered trademark rights; prior rights obtained by exhibiting at specific exhibitions; prior rights obtained by others due to the use of trademarks and creating a certain impact; corporate name rights; and design patent rights. ; The right of name (including pen name, stage name); the right of portrait of a natural person; the right of unique trade name of well-known products; other rights such as copyright, etc.

Graphic trademarks that infringe prior rights generally infringe copyrights. Nowadays, many companies like to hire people to design logos. If you apply for this logo as a trademark, you need to pay attention: if the logo is designed by someone else, it is a commissioned work. If the copyright ownership agreement is unclear or not agreed, the copyright belongs to the designer. In this case, if you use this logo to apply for a trademark, the copyright owner of the logo can claim at any time that the company has infringed upon its prior rights within 5 years of the trademark being registered. The company will either face the outcome of the trademark being revoked, or it will have to file a lawsuit with the copyright owner. Pay a hefty license fee. To prevent this from happening, companies can only increase their awareness of intellectual property rights. When hiring someone to design a logo, they must agree in writing with the designer on the ownership of the copyright.

How to register a trademark

Choose your favorite trademark. The range of choices includes text, graphics, numbers, letters, color combinations, and any combination of the above elements. Under the latest trademark law, sounds can also be registered as trademarks.

Go to the official database and trademark query system? China Trademark Network? to query the prior registration status, evaluate the registration risks, make repeated revisions, and finally determine the trademark to be registered and create a trademark logo pattern.

Prepare trademark registration application materials:

1. Trademark registration application;

2. Letter of attorney (if entrusting an agency);

3. Subject certification materials (personal ID card and individual industrial and commercial household license, company's corporate legal person business license).

4. Submit application materials. It must be submitted in person at the registration hall of the State Trademark Office.

5. Wait for formal review by the Trademark Office. After passing the review, a trademark acceptance notice will be issued. It takes about 60-80 working days (that is, about 3-4 months). If the formal review is not passed, you need to make corrections or resubmit the application.

After receiving the trademark acceptance notice, you can mark the trademark with the TM logo for use.

6. It takes about 16 months from submitting the application to finally getting the trademark registration certificate. The acceptance is issued about 3 months after the application is submitted. The first 9 months after acceptance are the review schedule, and the subsequent Three months is the announcement period after passing the Trademark Office review, and the final period is about one month for the production and issuance of the certificate. Applicants need to always pay attention to whether there are objections raised by others during the announcement period, and submit an objection defense based on the objection defense notice issued by the Trademark Office to safeguard their legitimate rights and interests.

7. After the above process, if it goes well, you can get the trademark registration certificate. The trademark registration protection period is 10 years. You can apply for trademark renewal 12 months before expiration. The official fee is 2,000 yuan (it can also be renewed within the extension period within 6 months after expiration, but you need to pay an additional extension fee of 500 yuan). , after this renewal, the term of the exclusive right to use the trademark will be extended for 10 years, and can be repeatedly renewed and extended.

The above is what the editor provides for you in a trademark opposition application. I hope it can be helpful to everyone.

For those who have read? What does a trademark opposition application mean? Also read:

1. Trademark opposition application process

2. Trademark opposition process and time

3. Trademark opposition defense process

4. Trademark opposition defense process

5. Trademark opposition fees

6. International trademark registration procedure

7. Individual trademark registration process

8. Trademark opposition time

9. Personal trademark registration process

10. Personal trademark registration process and fees Trademark opposition