Who has the relevant legal provisions on the registration of trademarks

Legal provisions on the class of trademark applications.

1. Article 3 of the Trademark Law of the People's Republic of China: "Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks, and certification trademarks; The trademark registrant enjoys the exclusive right to use the trademark and is protected by law. For the purposes of this Law, the term "collective trademark" refers to a sign registered in the name of a group, association or other organization for use by the members of the organization in commercial activities, so as to show the user's membership in the organization.

For the purposes of this Law, the term "certification mark" refers to a sign controlled by an organization that has the ability to supervise a certain kind of goods or services, and is used by an entity or individual other than the organization for its goods or services to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services. Special matters concerning the registration and management of collective trademarks and certification marks shall be prescribed by the administrative department for industry and commerce. Article 6 of the Law of the People's Republic of China on Negotiation and Praise:

The state stipulates that goods that must use registered trademarks must apply for trademark registration, and those that have not been approved for registration shall not be sold in the market. Article 20 of the Trademark Law of the People's Republic of China provides that "if an applicant for trademark registration applies for the registration of the same trademark on different classes of goods, he shall submit an application for registration in accordance with the commodity classification table."

Article 29 of the Trademark Law of the People's Republic of China: "Where two or more applicants for trademark registration apply for registration with identical or similar trademarks on the same or similar goods, the trademark for which the application has been made shall be preliminarily examined and announced; If the application is made on the same day, the trademark that has been used earlier shall be preliminarily examined and announced, and the application of others shall be rejected and no announcement shall be made. ”

2. Interpret that registered trademarks include the following four types: commodity trademarks, service trademarks, collective trademarks and certification trademarks. The principles adopted to apply for trademark registration are:

1) Principle of voluntary registration. Trademark users may or may not register their trademarks, and there is no mandatory provision in the law. However, there are two exceptions, namely trademarks for medicines for human use and tobacco products, which must be registered, otherwise they are not allowed to be used.

2) First-to-file principle and first-to-use principle. If the same or similar trademark is applied for registration on the same kind of goods or similar goods, the first-to-file principle shall be applied first, that is, the trademark for which the application was filed earlier, and the first-to-file principle shall not be applied for the application filed on the same day.

3) The principle of one trademark and one application. If the same trademark is applied for in different classes of goods, the application for registration shall be filed according to the commodity classification table.

Legal basis: Trademark Law of the People's Republic of China

Article 5 Two or more natural persons, legal persons or other organizations may jointly apply to the Trademark Office for registration of the same trademark, and jointly enjoy and exercise the exclusive right to use the trademark.

Article 6 Goods that must be registered as required by laws and administrative regulations must be registered as trademarks, and shall not be sold in the market without approval for registration.

Article 7 The application for registration and use of a trademark shall follow the principle of good faith. The trademark user shall be responsible for the quality of the goods in which the trademark is used. The administrative departments for industry and commerce at all levels shall, through trademark management, stop acts that deceive consumers.

Article 42 Where a registered trademark is transferred, the assignor and the assignee shall sign an assignment agreement and jointly submit an application to the Trademark Office. The transferee shall guarantee the quality of the goods using the registered trademark. If a registered trademark is transferred, the trademark registrant shall transfer the similar trademark registered on the same goods, or the same or similar trademark registered on similar goods.

The Trademark Office shall not approve the assignment that is likely to cause confusion or have other adverse effects, and shall notify the applicant in writing and explain the reasons. After the transfer of the registered trademark is approved, it shall be concealed and announced. The assignee shall have the exclusive right to use the trademark from the date of publication.

Article 22 of the Trademark Law of the People's Republic of China: The applicant for trademark registration shall fill in the category and name of the goods using the trademark in accordance with the prescribed commodity classification table, and submit an application for registration. An applicant for trademark registration can apply for registration of multiple classes of goods with a single application.

The application for trademark registration and other relevant documents may be submitted in writing or in the form of data messages.

Article 50 of the Trademark Law of the People's Republic of China If a registered trademark is revoked, declared invalid or not renewed upon expiration, the Trademark Office shall not approve the application for registration of a trademark identical or similar to the trademark within one year from the date of revocation, invalidation or cancellation.

Article 49 of the Trademark Law of the People's Republic of China provides that if a trademark registrant changes the registered trademark, the name and address of the registrant or other registration matters in the process of using a registered trademark, the local administrative department for industry and commerce shall order the trademark registrant to make corrections within a time limit; If the trademark is not corrected within the expiration of the period, the Trademark Office shall cancel the registered trademark.

If a registered trademark becomes the generic name of the goods approved for use or is not used for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office for cancellation of the registered trademark. The Trademark Office shall make a decision within nine months from the date of receipt of the application. If there are special circumstances that need to be extended, it can be extended for three months with the approval of the administrative department for industry and commerce.

Hello! The specific legal provisions for the handling of registered trademark business need to be handled in accordance with the relevant provisions of the Trademark Law of the People's Republic of China, and the process of handling filial piety is roughly as follows: the trademark registration applicant submits an application to the local market supervision and administration bureau, and the management department accepts, reviews and approves, and then the trademark registration applicant can obtain the right to use the trademark with caution and comply with the corresponding regulations. Pat on the bump.