How to apply for a store name patent?
How to apply for a store name patent? No matter what store you open, you need to have a store name, so that more consumers can remember our store. Some owners want to apply for a patent for their store. Let’s take a look at how to apply for a store name patent. How to apply for a store name patent 1
1. Where to apply for a store name patent
The name of the store does not fall within the scope of patent rights, so the store name cannot be patented.
After the name of the store is registered with the Industrial and Commercial Bureau as an individual industrial and commercial household or a company, it naturally obtains the "trade name right", and the trade name right enjoys exclusive rights in the place where the trade name is registered.
For the name of a store, you can also submit a trademark registration application to the Trademark Office of the International Administration for Industry and Commerce. Once the application is reviewed, announced, and approved for registration, the name will have "trademark rights." The trademark is protected in the registered category or a similar category and enjoys exclusive rights.
2. Requirements for applying for a patent
1. The applicant has the qualifications to apply;
2. The patent should be directed to One of inventions, utility models and designs;
3. Inventions and utility models for which patent rights are granted must possess novelty, creativity and practicality.
Legal basis
Article 2 of the "Patent Law of the People's Republic of China" that came into effect on June 1, 2021
What is referred to in this law Inventions and creations refer to inventions, utility models and designs.
Article 22
Inventions and utility models for which patent rights are granted shall possess novelty, creativity and practicality.
Novelty means that the invention or utility model does not belong to the existing technology; no unit or individual has applied for the same invention or utility model to the patent administration department of the State Council before the application date, and It shall be recorded in the patent application documents or published patent documents published after the filing date.
Creativity means that compared with the existing technology, the invention has outstanding substantive features and significant progress, and the utility model has substantive features and progress.
Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.
The term "existing technology" as used in this Law refers to the technology that was known to the public at home and abroad before the filing date.
3. What can be patented?
The objects of patent protection in my country include: invention, utility model, and design patents.
1. An invention is a new technical solution proposed for the shape, method or improvement of a product;
2. A utility model is a new technical solution proposed for the shape, structure or combination of a product A new technical solution that is suitable for practical use is commonly known as a "little invention";
3. Appearance design is a proposal for a product's shape, pattern, color, or combination thereof that is aesthetically pleasing and suitable for industry. New design of the app. How to apply for a store name patent 2
If you only want to use the store name yourself, that is, to build your own brand, it is within the scope of registering a trademark. The specific process is as follows:
1. Choose your favorite trademark .
The range of choices includes text, graphics, numbers, letters, color combinations, and any combination of the above elements. According to the latest trademark law, sounds can also be registered as trademarks.
2. Check the registration status
Go to the official database and trademark query system "China Trademark Network" to check the previous registration status, evaluate the registration risks, make repeated modifications, and finally determine the trademark to be registered .
3. Prepare trademark registration application materials
Prepare trademark registration application materials: trademark registration application form; (this is not required for online application) power of attorney (if entrusting an agency) ; Main body certification materials (personal ID card and individual industrial and commercial license, company's corporate business license). In addition, a trademark pattern must be produced. It is recommended to have 800*800 pixels and 100 resolution. If it is too small, it will easily blur.
4. Submit application materials
The first way is to entrust a filing agency to submit, you can go to the National Trademark Office website to find a local agency; the second way is to Submit in person at the registration hall of the State Trademark Office.
5. Waiting for formal review by the Trademark Office
After the Trademark Office passes the formal review, it will issue a trademark acceptance notice. It takes about 20 working days (i.e. about 1 month). If the formal review is not passed, you need to make corrections or resubmit the application. Once you get the trademark acceptance notice, you can mark the trademark with the "TM" logo and use it.
It takes about 12 months from submitting the application to finally getting the trademark registration certificate. The acceptance is issued about 1 month after the application is submitted. The first 6 months after acceptance are the review schedule, and the last 3 months Month is the announcement period after passing the Trademark Office review, and finally it takes about 2 months to make and issue 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 letter according to the objection defense notice issued by the Trademark Office to safeguard their legitimate rights and interests.
Article 40 of the "Trademark Law of the People's Republic of China" stipulates that if a registered trademark has expired and needs to be continued to be used, the trademark registrant shall handle the matter in accordance with the regulations within twelve months before the expiration date. Renewal procedures; if the application cannot be completed during this period, a six-month extension period can be given.
Each renewal of registration is valid for ten years, starting from the day after the expiration of the previous term of validity of the trademark. If renewal procedures are not completed upon expiration, the registered trademark will be cancelled. How to apply for a patent for a restaurant name 3
How to apply for a patent for a restaurant name
Generally, restaurant names cannot be patented, but can be applied for trademarks.
(1) You can go to the registration hall of the local Trademark Office in person, or you can entrust a trademark agency to handle it.
(2) Information required for application: trademark drawing, scope of goods or services to be used for the registered trademark, identity documents: business license of individual industrial and commercial household and copy of personal ID card.
(3) Application procedures:
① First, search for the trademark. If there is no identical or similar one before, you can prepare application documents. The application has been submitted;
②. About 3 months after the application is submitted, the Trademark Office will issue you an application acceptance notice. This period is called the formal review stage.
③. After the formal review is completed, it will enter the substantive review stage, which will take about 9 months.
④. If the substantive review is passed, it will enter the announcement process. This period is 3 months.
When the announcement period expires and no one raises any objection. You can get the registration certificate.
Relevant legal knowledge
Article 22 of the "Trademark Law of the People's Republic of China" Trademark registration applicants shall fill in the category of goods using the trademark according to the prescribed commodity classification table and product name, submit an application for registration.
A trademark registration applicant can apply to register the same trademark for multiple categories of goods through one application.
Trademark registration applications and other relevant documents can be submitted in writing or by data message.