Are there any procedures and time requirements for registering a trademark? What is the process for applying for a registered trademark? Let’s take a look at the following article brought to you by the editor: What is the process time for registering a trademark? There may be some of them. you need. What are the regulations on the trademark registration process and time?
1. Design? Before applying for trademark registration, you can entrust our company or design by yourself. The following points should be paid attention to when designing a trademark: (1) Originality, that is, the design of the trademark must be innovative; on the one hand, it must meet the requirements of distinctiveness, and on the other hand, a creative trademark can easily expand the popularity of the product and quickly occupy the market. (2) The name of the trademark should avoid being associated with the function of the product. (3) The design of the trademark should highlight the theme and be reasonably laid out.
2. Inquiry? Trademark inquiry usually refers to an inquiry about trademark information conducted by a trademark registration applicant before applying to register a trademark in order to understand whether there are any prior trademark rights that may conflict with the trademark he or she is applying for. . It takes a long time for a trademark to be applied for and approved for registration. If the trademark registration application is rejected, on the one hand, the trademark registration fee will be lost; on the other hand, it will take longer to reapply for a registered trademark, and it is still unknown whether the re-application will be approved for registration. Therefore, it is best for applicants to conduct a trademark search to understand the status of prior rights before applying to register a trademark. There are two types of inquiry services: one is internal inquiry service; the other is agency government inquiry service, which takes 7-14 working days.
3. Application? Submit the trademark registration application documents to the Hong Kong Intellectual Property Department.
4. Acceptance? After the Hong Kong Intellectual Property Department receives the trademark registration application materials, it will give an application number and issue an acceptance notice. It will take about one week.
5. Review? Trademark review is divided into two processes: formal review and substantive review. Formal examination means that before examining the application, the Trademark Registry will examine the application form and all attachments in detail to see whether the required parts of the form have been completed, whether the relevant information is correct, and whether the required information is incomplete. If everything is in order, the application process will enter the next stage (substantive examination stage). After the substantive examination is completed to check the deficiencies of the application and confirm that all the information is complete, the Trademark Registry will check the trademark records to determine whether other merchants have registered or applied for registration of the same or similar goods or services. 's trademark. The Trademark Registry will also check whether the trademark concerned complies with the registration requirements stipulated in the Trademark Ordinance. If approved, the application process will enter the next stage (the gazette announcement stage).
6. Announcement? After the Trademark Registry approves the application, it will be announced in the Hong Kong Intellectual Property Gazette for a period of three months. If no one raises any objection, the trademark can be successfully registered.
7. Registration? If there is no objection to the trademark announcement or the objection is ruled untenable, the registration is successful. Under normal circumstances, it takes about 6 months to obtain the registration certificate. After successful registration, it will be valid for 10 years and can be renewed on time six months before expiration. How to apply for the online application process for trademark registration?
To apply for online trademark registration, you should follow the following process:
1. Application? Trademark digital certificate?
l Only trademark agency organizations need to perform this step.
Trademark agency organizations should first apply for a "trademark digital certificate" before they can apply for a trademark online.
For details, please click "Trademark Digital Certificate Application Guide" and read "Trademark Digital Certificate Application Process".
2. Download and install the digital certificate driver and security application control
l Only trademark agency organizations need to perform this step.
Trademark agency organizations should log in to the homepage of the trademark online application system, download the digital certificate driver (USB-KEY driver) and security application control software, and follow the "Trademark Digital Certificate (USB-KEY) Installation Guide" Installation required.
For details, please refer to the "Trademark Digital Certificate Installation Guide" and "Trademark Digital Certificate Usage Precautions".
3. Log in to the online application system, select the written form, and submit the trademark online application
1. Log in: Select the trademark agency organization? Trademark agency organization login?, insert the digital certificate, and enter the PIN code, click "Login" to enter the trademark online application system.
2. Fill in the application information: After logging in to the system, select the application form and fill in the application content as required.
For details, please refer to the "Filling Requirements for Online Application for Trademark Registration" and "User Manual for Online Application for Trademark Registration".
Tips:
1) Please carefully read the guidelines and filling requirements provided by the online application system, and follow the requirements.
2) Within the range of the system's reception time on the day, you can use the "Application Query" function to view the application information submitted by the trademark agency or trademark applicant on the day.
3) For trademark agency organizations, before submitting an application, you can save the application information page as a separate page and proofread it offline. Within the range of the system's reception time on the day, the application information can be modified through the "Application Query" function.
4. Payment of trademark fees
Trademark agency organizations shall pay trademark fees in full to the Trademark Office before submitting an application. What should I do if the trademarks applied for registration on the same day are similar?
According to the Implementing Rules of the Trademark Law, two or more applicants use the same or similar trademarks on the same goods or similar goods. If applying for registration within 30 days, each applicant shall submit proof of the date of first use of the trademark within 30 days in accordance with the notice of the Trademark Office. If the trademarks are used on the same day or are not used at all, each applicant shall negotiate. If consensus is reached, a written agreement shall be submitted to the Trademark Office within thirty days; if no agreement is reached within thirty days, the applicant shall, under the auspices of the Trademark Office, The decision shall be made by drawing lots or decided by the Trademark Office. How to protect unregistered trademarks
Article 3 of the "Trademark Law" stipulates that a trademark approved and registered by the Trademark Office is a registered trademark, and the trademark registrant enjoys the exclusive right to use the trademark and is protected by law. Judging from this legal provision, the direct object of protection by my country's trademark legal system is registered trademarks. All legal provisions are designed around the protection of registered trademarks. Unregistered trademarks are obviously not protected by trademark laws.
However, unregistered trademarks are not protected by law, which does not mean that the use of unregistered trademarks is left unchecked. On the contrary, in order to better protect the exclusive rights of registered trademarks and maintain the order of trademark use, it is necessary to regulate the use of unregistered trademarks. Therefore, Article 48 of the Trademark Law specifically regulates the use of unregistered trademarks.
This provision is a prohibitive norm. As long as users of unregistered trademarks do not violate this provision, their unregistered trademarks can be used in commercial activities. Otherwise, the trademark administrative authority will investigate and deal with it in accordance with the law. my country's trademark registration adopts the principle of voluntary registration, that is, the trademark user decides whether to register the trademark he or she uses completely depends on his or her own needs.
However, generally speaking, because unregistered trademarks are not protected by trademark laws, users of unregistered trademarks are always in a state of unprotected rights, and may be subject to the approval of registration of identical or similar trademarks by others at any time. and is prohibited from use. Therefore, when the registration principle is adopted for trademark protection, the use of unregistered trademarks will still do more harm than good.
The above is the trademark registration process time provided by the editor. I hope you will like it! Trademark registration