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Hello, there are two ways to apply for registration of a commodity trademark or service mark:
1) Entrust the trademark ** agency that has filed with the Trademark Office to handle it.
2) The applicant shall go directly to the trademark registration hall of the Trademark Office (the applicant can also go to the office of the Trademark Office in Zhongguancun National Independent Innovation Demonstration Zone, the address of the office is: the registration hall on the second floor of the Beijing Municipal Administration for Industry and Commerce, No. 36 Suzhou Street, Haidian District, Beijing).
The steps are as follows:
1) If the application is entrusted to a trademark agency, the applicant may voluntarily choose any trademark agency that has filed with the Trademark Office. All trademark agencies filed with the Trademark Office are published in the column "**Agency".
2) If the applicant goes directly to the trademark registration hall of the Trademark Office, the applicant can follow the following steps: Inquiry before trademark registration application (not required) Preparation of application documents Submission of application documents at the reception window of the trademark registration hall Confirmation of submission of application at the coding window Payment of trademark registration fee at the payment window Collection of fee receipt After the applicant receives the receipt, the application for trademark registration is completed. The Trademark Office will issue various documents to the applicant.
Please refer to the "Trademark Registration Flow Chart" for the trademark registration examination procedure, and the applicant will go to the trademark registration hall to collect the "Trademark Registration Certificate" after receiving the "Notice of Obtaining the Trademark Registration Certificate".
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To register a trademark at the Trademark Office, the specific method is as follows:
1. Enterprises are required to provide a copy of the business license, a sample of the trademark and the main goods or services, and submit them to the Trademark Office;
2. The Trademark Office receives the Notice of Acceptance of Trademark Registration Application for formal examination;
3. Substantive examination by the Trademark Office;
4. Trademark announcement;
5. Issue the trademark registration certificate and publish the trademark registration announcement;
6. The applicant receives the Trademark Registration Certificate.
Legal basisArticle 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 to indicate 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.
What are the requirements for registering a trademark?
1. The trademark applied for registration must have constituent elements;
2. The trademark applied for registration should be distinctive and easy to identify;
3. The trademark applied for registration shall not use the logo 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 others on the same or similar goods or services;
5. It shall not be the same or similar to the registered trademark that has been revoked or cancelled for less than one year.
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Trademarks should be registered with the Trademark Office. First, an application for registration of a trademark must be filed with the appropriate national or regional trademark office, which must contain a clear representation of the sign for which registration is sought, and must also list the goods or services for which the mark is used. The mark must meet a number of conditions in order to be protected as a trademark or other type of mark.
The mark must have a distinctive feature that allows consumers to distinguish it as a mark identifying a particular product and distinguishing it from other trademarks that identify other products. The mark must not mislead or deceive consumers, nor may it be contrary to public order or public morals. Finally, the trademark right applied for must not be identical or similar to the trademark right that has already been granted to another trademark registrant.
Article 43 of the Trademark Law of the People's Republic of China A trademark registrant may license others to use its registered trademark by signing a trademark license contract.
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. Article 28 of the Trademark Law of the People's Republic of China The Trademark Office shall complete the examination of a trademark applied for registration within nine months from the date of receipt of the application for trademark registration. Article 33 of the Trademark Law of the People's Republic of China Where a trademark is preliminarily approved and announced, within three months from the date of publication, the prior right holder or interested party may file an objection with the Trademark Office if it believes that it violates the provisions of Paragraphs 2 and 3 of Article 13, Article 16, Paragraph 1, Article 30, Article 31 and Article 32 of this Law, or any person who believes that it violates the provisions of Article 4, Article 10, Article 11, Article 12 and Article 19, Paragraph 4 of this Law.
If there is no objection at the expiration of the announcement period, the registration shall be approved, the trademark registration certificate shall be issued, and the announcement shall be made.
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1. The Trademark Office accepts the application at the window application
In addition to the General Administration of Trademarks in Beijing, as early as 2016, China's State Administration for Industry and Commerce set up the first batch of 13 new trademark registration application acceptance windows in various provinces, which have begun to be fully operational. It includes 13 provinces and cities, including Harbin Supervision and Administration Bureau of Heilongjiang Province, Nanjing City and Suzhou City of Jiangsu Province, Ningbo City Supervision and Administration Bureau of Zhejiang Province, Jinan City, Qingdao City and Jining City Administration of Industry and Commerce of Shandong Province, Luoyang City Industry and Commerce Bureau of Henan Province, Hubei Provincial Bureau of Industry and Commerce, Changsha City and Huaihua City Industry and Commerce Bureau of Hunan Province, Guangxi Zhuang Autonomous Region Industry and Commerce Bureau, and Chengdu City Industry and Commerce Bureau of Sichuan Province. Subsequently, trademark acceptance windows were set up in various provincial capitals and some cities.
You can see if your city is in it, and if your city has a trademark acceptance window, then you can choose to handle the trademark registration business at your own doorstep.
2. Application for Trademark ** Agency:
As long as the ** agency is a trademark agency entrusted by law, the trademark application can be completely relied on them, and there is no need to go by yourself, you can apply online. All you need to do is provide the appropriate supporting documents. For example:
Business license certificate, copy of identity document, registered trademark design pattern, etc., all the process has a trademark ** process, no need to worry too much about the enterprise. When the time comes, just get the trademark registration certificate. For those who need to go to Beijing to handle the trademark registration process, this is much more convenient and simpler.
If the applicant is not familiar with trademark registration and cannot fully grasp the problem of trademark registration, it is recommended not to register blindly, if the blind registration of the trademark not only misses the best opportunity for trademark registration, but also the fee paid will not be refunded.
1. A trademark is a distinctive sign that identifies a certain commodity, service or a specific individual or enterprise related to it, and is obtained when the brand or part of the brand is registered with the relevant department in accordance with the law. It can be graphic or literal, or it can be represented by sounds, smells, or stereograms. Trademarks are protected by law, and the registrant has the exclusive right.
Famous trademarks in the international market, often registered in many countries.
2. Trademark precautions.
1) If a trademark registrant licenses others to use its registered trademark, both parties must enter into a trademark license contract and report it to the Trademark Office for the record.
2) The licensor must be the owner of the registered trademark.
3) The licensee must have the qualifications to obtain the exclusive right to use the trademark.
4) The scope of goods in which the licensor is allowed to use its registered trademark is limited to the goods for which it has been approved for use.
5) In the trademark license, if the licensor uses a trademark that must be registered according to the provisions of the state, the licensee shall attach the certificate that the corresponding goods can be produced approved by the relevant competent authorities.
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If I don't have time to go to the local area, I can entrust the relevant trademark registration agency to handle it, and I need to pay a certain fee to find a formal agency to handle it.
1. Where is the trademark registered?
There are two channels for trademark registration:
1) The applicant for trademark registration can go to the State Trademark Office to handle the trademark registration by himself.
2) You can also choose to find an agency to apply for trademark registration for you. In this way, it will save a lot of time and energy, and of course, the other party will charge the corresponding ** fee.
Whether the merchant registers the trademark by itself or entrusts the first institution to register, it is necessary to prepare relevant materials before submitting it to the Trademark Office for authorization. If the information is incomplete, incomplete or the information is filled incorrectly, it may lead to the rejection of the trademark submitted by the merchant for authorization, let alone enter the next stage of trademark examination and opposition.
2. The information that merchants need to prepare for registering trademarks
1. Clear and non-random trademark design style drawing;
2. Fill in the trademark application registration form;
3. Applicant's identification materials;
4. Trademark entrustment registration contract (generally if there is a ** agency, this material needs to be prepared, and self-registered merchants do not need it.) )
5. A copy of the business license of the individual industrial and commercial household. Usually, when the registration is completed, the merchant will also obtain the trademark certificate, trademark acceptance notice and other relevant materials in accordance with the law.
3. How long does it take to register a trademark?
As we all know, in order to obtain authorization, a trademark needs to go through several links, such as design, similar inquiry, submission of application, and then acceptance, examination, opposition, publication, authorization and issuance of trademark certificate. Among them, it takes several days for merchants to design trademarks and conduct similar searches. After that, from the time the application is submitted to the time it is accepted, it usually takes about 1 to 3 months.
The formal examination and substantive examination during the examination period usually take about 6 to 8 months. Finally, the period of opposition and publication of the grant is about 3 months. In general, with the assistance of ** agencies, it will take 6 to 10 months to complete the trademark registration.
If you encounter opposition, trademark refusal review, etc., then the time required for the merchant to register the trademark by himself will take more than a year, which is extremely long.
The time cycle of trademark registration is relatively long, so the first time to determine the content of the trademark, you should do a good job in the corresponding registration work, protect your privacy, which is responsible for yourself and the employees of the enterprise, and better protect your rights and interests
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Generally speaking, there are three ways to file a trademark application:
2) The registration hall of the Trademark Office, the office of the Trademark Office in Zhongguancun National Independent Innovation Demonstration Zone, the Trademark Examination Cooperation Center set up by the Trademark Office outside Beijing, or the trademark acceptance window set up by the local industrial and commercial and market supervision departments entrusted by the Trademark Office;
3) Apply directly to the trademark ** agency.
The above three application channels can also be understood as one is to handle it yourself; The other is to entrust the trademark ** agency to handle it.
If you want to go through the process, you can directly log in to the Trademark Office's **Registration, or you can apply for it on your own on the authorized trademark service**, and the application process of the two is completely the same. For example, if you want to apply by yourself, you can apply on the trademark platform of the top intellectual property rights, and you can check whether the trademark has been registered for free, and the whole operation is relatively simple and easy. If you feel that there are too many trademark channels and have many questions about self-registration, you can also consult a professional trademark consultant.
1. The difference between self-application and entrusted trademark**.
In terms of the way of contact, if it is handled by itself, the applicant will have direct contact with the Trademark Office during the process; If the trademark ** agency is entrusted, in the process of processing, the applicant and the Trademark Office through the trademark ** agency have a joint contact with the Trademark Office in terms of the method of service of documents, and if the applicant handles it by himself, the various documents of the Trademark Office are served to the parties; If the trademark agency is entrusted, the documents shall be delivered to the trademark agency. without direct contact with the Trademark Office.
In terms of the method of service of documents, if the applicant handles it on its own, the various documents of the Trademark Office are served on the parties; If the trademark agency is entrusted, the documents shall be delivered to the trademark agency.
2. Materials required for trademark registration.
The materials required for trademark registration are: the applicant needs to provide a clear copy of the ID card and a copy of the Business License of the Legal Person of the Individual Industrial and Commercial Household, and the business scope of the license must be consistent with the scope of the application. The trademark design to be registered must be clear, clean, black and white, and shall not exceed 10 cm by 10 cm and shall not be less than 5 cm by 5 cm.
Where a portrait is used as a trademark, a power of attorney of the portrait owner notarized by a notary public shall be provided.
According to Article 32 of the Trademark Law, an application for trademark registration shall not infringe upon the existing prior rights of others, nor shall it preemptively register a trademark that has been used by others and has a certain influence by improper means.
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