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1. Only individuals or groups with the following conditions can file a trademark application in China:
The applicant for trademark registration must be a foreigner or foreign enterprise of a lawfully established enterprise, public institution, social organization, individual businessman, individual partnership, or a country that has signed an agreement with China or jointly participated in an international treaty with China or handled according to the principle of reciprocity.
If the above conditions are met and it is necessary to obtain the exclusive right to use a trademark, the applicant shall submit an application for trademark registration to the Trademark Office on a voluntary basis (since November 1, 2001, the Trademark Office of China has begun to accept applications for registered trademarks of natural persons, but since February 28, 2007, the Trademark Office has not accepted applications for registered trademarks of natural persons in China, and natural persons in China who apply for trademarks must hold a business license for individual industrial and commercial households).
2. Apply according to the classification of goods and services:
China's Trademark Law implements the International Classification of Goods, which divides more than 10,000 kinds of goods and services into 45 classes. If the same applicant uses the same trademark on different classes of goods, it shall file an application for registration in different classes according to the classification of goods, so as to avoid the improper expansion of the scope of application of the trademark right, and also facilitate the approval of the examiner and the protection of the exclusive right to use the trademark.
3. Determination of the trademark application date:
Since the principle of first-to-file application is adopted in trademark registration in China, once the sequence of filing dates becomes the legal basis for determining the trademark right, the filing date of trademark registration is subject to the date on which the Trademark Office receives the application (the smallest unit of the date is 'day').
4. How to apply for trademark registration:
If the trademark registration is submitted through the trademark ** agency, the trademark ** agency can submit the application to the Trademark Office in paper form, and if the trademark ** agency submits the application online to the trademark application, it can obtain a digital certificate from the Trademark Office for online declaration. In the case of paper filing, the filing date of the trademark application shall be the date on which the Trademark Office receives the application documents, and in the case of filing online, the filing date shall be the filing date of the online filing.
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It depends on whether you want to apply in the name of a natural person or in the name of a company.
The name of the company is required for a business license and an application form. The most important thing is, of course, the trademark you designed yourself, but it is recommended that you have better ask a professional ** agency to help you review the trademark first, so as to help you minimize the risk in the early stage as much as possible.
You can talk about it in detail.
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How do I register a trademark? What needs to be done.
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Legal Analysis:1The applicant for trademark registration is qualified to apply for trademark registration;
2.Submit an application for trademark registration in accordance with the prescribed channels;
3.The application for trademark registration is complete;
4.Pay the trademark registration fee according to the regulations.
Legal basis: Trademark Law of the People's Republic of China
Article 4 Where a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services in the course of production and business activities, it shall apply to the Trademark Office for trademark registration. An application for registration of a trademark in bad faith that is not for the purpose of use shall be rejected.
The provisions of this Law relating to commodity trademarks shall apply to service trademarks.
Article 9 The trademark applied for registration shall have distinctive features that are easy to identify, and shall not conflict with the prior legal rights of others.
The trademark registrant has the right to mark the "registered trademark" or the registered mark.
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To register a trademark, the following conditions need to be met: 1The trademark to be registered must have the constituent elements.
2.The trademark to be registered should be distinctive. 3.
The trademark applied for registration shall not use a sign prohibited by law. 4.The trademark applied for registration shall not be identical or similar to the trademark that has been registered or preliminarily approved by another person on the same or similar goods or services.
Article 9 of the Trademark Law The trademark applied for registration shall have distinctive features, be easy to identify, and shall not conflict with the prior legal rights of others. The trademark registrant has the right to mark the "registered trademark" or the registered mark.
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1. What are the requirements for registering a trademark?
1. Registered trademarks have the following conditions:
1) To follow the principle of good faith;
2) Be responsible for the quality of the goods using the trademark;
3) The trademark applied for must be distinguishable from the goods of others;
4) The trademark should be distinctive, easy to identify, and should not conflict with the prior legal rights of others.
2. Legal basis: Article 22 of the Trademark Law of the People's Republic of China.
The applicant for trademark registration shall fill in the class of goods and the 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 the registration of the same trademark in multiple classes of goods through a single application. The application for trademark registration and other relevant documents may be submitted in writing or in the form of data messages.
2. What materials are required for trademark cancellation?
The materials required for the cancellation of the trademark are:
1. Application for cancellation of trademark. The application for cancellation of the trademark shall be typed or printed; If the application for partial cancellation is made, the goods or services for which the application for cancellation is made shall be filled in;
2. Return the original trademark registration certificate;
3. If you go directly to the trademark registration hall, submit a copy of the applicant's business license and its copy, or a copy of the copy of the business license stamped with the applicant's seal. If the trademark ** agency is entrusted, a copy of the applicant's business license copy shall be submitted;
4. If you go directly to the trademark registration hall, submit the ID card and its copy of the person in charge, and if you entrust the trademark agency to handle it, submit the power of attorney for the trademark.
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1. The applicant must be the owner of the trademark applied for recognition, and be a natural person, legal person or other organization within the province;
2. The trademark has been used for three consecutive years from the date of approval of registration and continues to be valid, and there is no dispute over ownership;
3. The trademark is well-known to the relevant public and has a high reputation in the relevant market;
4. The main economic indicators such as annual sales, operating income, net profit and tax revenue of the goods approved for use of the trademark in the past three years are leading in the same industry in this province;
5. The applicant has a good reputation, has a sound trademark management agency and trademark management system, and has no illegal acts in the past three years;
6. If the goods approved for use by the trademark are export goods, the trademark shall be registered in the relevant countries or regions and have a wide sales area.
1.If you apply for registration in the name of an enterprise, you need to provide a copy of your business license, and you need to register it in your business license.
The photocopy is stamped with the official seal;
2.If you apply for registration in your personal name, you need to provide one copy of your personal ID card and a copy of your business license, and the copy of your business license must be stamped with an official seal;
3.Provide trademark words or drawings, and if the color needs to be protected, color drawings are also required;
4.The goods and services to be registered may be filled in according to the goods or services provided by the applicant himself/herself, with reference to the ninth edition of the International Classification of Goods and Services for Trademark Registration (Ni-Ss Classification) and the Table of Distinction of Similar Goods and Services as amended by the Trademark Office in accordance with the above-mentioned international classification;
5.Provide a "Power of Attorney for Trademarks" stamped or signed by the official seal, which can be obtained from this **; In particular, the address on the Power of Attorney for Trademark ** should be exactly the same as the registered address on the business license.
Trademark Registration:
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How do I register a trademark? What needs to be done.
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Any sign that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numerals, three-dimensional signs, color combinations and sounds, as well as a combination of the above elements, can be registered as a trademark. At the same time, the trademark applied for registration shall have distinctive features, be easy to identify, and shall not conflict with the prior legal rights of others. The registered trademark shall not comply with the relevant provisions of the Trademark Law on the registration and use of trademarks.
1. What are the reasons for trademark rejection?
The reasons for trademark refusal are:
1. The trademark is not allowed to be used as a trademark under the law;
2. The trademark does not have distinctive features that are easy to identify;
3. The trademark conflicts with the prior trademark of others in similar goods or services;
4. Other reasons.
According to the first paragraph of Article 9 of the Trademark Law, a trademark applied for registration shall have distinctive features, be easy to identify, and shall not conflict with the prior legal rights of others. Tool.
Paragraph 1 of Article 11 stipulates that the following signs shall not be registered as trademarks:
1) There is only the generic name, graphic and model of the commodity;
2) It only directly indicates the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the commodity;
3) Other lack of distinctive features.
2. What are the conditions for applying for trademark registration and how to cancel the branch.
The conditions for applying for trademark registration are as follows:
1. The trademark applied for registration must have the statutory constituent elements, that is, it must be a word, a figure or a combination thereof, otherwise it cannot be used as a trademark;
2. The words, graphics or combinations thereof used in the trademark shall have distinctive features and be easy to identify. Among them, distinctiveness means that it should have its obvious characteristics;
3. The trademark applied for registration shall not use words and graphics prohibited by law;
4. The trademark applied for registration shall not be the same or similar to the registered trademark that has been revoked or cancelled for less than one year;
5. The trademark applied for registration shall not be identical or similar to the trademark that has been registered or preliminarily approved by others on the same or similar goods or services.
The process of decommissioning a branch office is as follows:
1. The cancellation of registration shall be handled at the industrial and commercial registration authority;
2. Prepare relevant materials for cancellation of registration;
3. After the preparation of the materials is completed, it shall be submitted to the industrial and commercial registration authority, and the cancellation of registration shall be completed within 2 working days under the premise that the submitted materials are complete, legal and valid;
4. There is no charge for cancellation of registration;
5. After the cancellation of the registration of the branch is approved by the industrial and commercial registration authority, the company shall hold the "Notice of Approval of the Cancellation of Registration of the Branch" to the company registration authority for the cancellation of the branch for the record. At the same time, it is also necessary to cancel the enterprise certificate to the Technical Supervision Bureau.
Trademark Law of the People's Republic of China
Article 8 Any sign that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, as well as a combination of the above elements, may be applied for registration as a trademark.
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First of all, it depends on what name you plan to register, if you are in the name of an individual, please prepare a copy of the business license of the individual industrial and commercial household (note: the business scope should be similar to the trademark you apply for to use Laolu goods, and the legal person is yourself), a copy of the personal ID card, trademark drawings, and trademark application; In the case of the name of the company, a copy of the company's business license (seal) and a trademark application form should be prepared. Then go to the hall of the Trademark Office in Beijing to handle it.
However, now it is generally handled by a trademark agency, and they will prepare an application for you, and they will also prepare a trademark power of attorney for you to sign and seal. At the same time, it is also recommended to find a trademark ** agency to handle it, because there is a lot of relevant professional knowledge involved, if you don't understand the business at all or fail to register, it is very troublesome, and you must go to the Beijing Trademark Office to register.
Now it is generally a relatively long process to get the acceptance notice 4-5 months after the declaration, and to get the certificate in about 2 years.
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