What to pay attention to when applying for a trademark, and what to pay attention to when applying f

Trademark registration needs to pay attention to:

1. The naming of the trademark is the key factor to improve the success rate of the trademark. Enterprises must pay attention to complying with the Trademark Law when choosing a trademark name.

2. When applying for trademark registration, the class of goods or services will be selected. In China, goods and services are divided into 45 categories and a number of sub-categories, and enterprises and individuals need to choose the category to which goods or services belong as accurately as possible.

3. Apply for registered trademark inquiry in advance. In the process of trademark registration, it is not uncommon for trademark registration to fail due to the identity or similarity of trademarks, so it is necessary to carefully check the similarity of trademarks before filing an application for trademark registration.

Precautions for Trademark Registration:

1. Don't believe in the promise of success;

3. Don't believe the promise of expedited processing; (If you go directly to the trademark registration hall to apply for the trademark, you can get the notice of acceptance of the trademark registration application on the spot).

4. Be wary of charging fees multiple times;

5. Be cautious about the installment payment of ** institutions.

6. Do not believe the fee for trademark announcement.

7. Don't believe the guarantee to get the acceptance notice. (As long as the information is qualified, the acceptance notice will be issued 100% of the time.) The Notice of Acceptance is not equivalent to a trademark certificate. ）

According to Article 25 of the Regulations for the Implementation of the Trademark Law, the same or similar trademarks registered by the trademark applicant and registrant on the same or similar goods and services must be transferred at the same time. 1. If the enterprise is cancelled or the individual dies, and the trademark transfer procedures are not completed within one year from the date of cancellation or death, the trademark transfer procedures cannot be completed again, and the trademark ownership will disappear naturally. 2. If the trademark registrant registers the same or similar trademark on the same or similar goods, it must be transferred at the same time.

Several situations: 1. Assignment in the trademark application: After obtaining the trademark acceptance notice in the trademark application, the transferee (buyer) bears the registration risk.

2. Assignment during the trademark publication period: The risk of transferring a registered trademark after the trademark announcement is relatively lower than that of the transfer in the application.

3. Assignment of trademark opposition period: If a trademark is opposed during the trademark publication period, we will give professional advice according to the possibility of the opposition being established, and the risk is lower than that of the publication period.

4. Transfer during the trademark review period: The risk of transfer in the post-opposition review review is less than that during the opposition period.

5. Assignment in Trademark Litigation: Dissatisfaction with the results of trademark review and reexamination, resulting in litigation. Assignment of the trademark during the proceedings.

Attention should be paid to the submission of trademark applications:

1. The trademark submitted for registration shall have distinctive features and shall not harm the legitimate rights and interests of others;

2. The applicant for trademark registration submits a written application for registration and corresponding application materials to the Trademark Office.

[Legal basis].Article 9 of the Trademark Law of the People's Republic of China.

The trademark to be 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.

Article 22.

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.

1. When filling in the trademark registration application, the applicant shall fill in the address according to the business license. After the application is submitted, if there is an amendment, rejection or partial rejection, preliminary approval announcement, receipt of the Trademark Registration Certificate, etc., the Trademark Office will send it to the applicant by ** mail according to this address. If the applicant's actual address is inconsistent with the address of the business license, the applicant shall first change the address of the business license before submitting the application.

If there is a change of address after submitting the trademark registration application, the application for change of address can be handled with the changed business license and corresponding procedures. If the applicant's address is not mailed, it is best to entrust the trademark ** agency to handle the trademark registration application and other matters.

2. If the Trademark Office receives the application and finds that the formalities are complete and the filling is standardized, it will generally send the Notice of Acceptance to the applicant by mail in about three months. If the application for trademark registration is handled by a trademark ** agency, the Trademark Office will mail the Notice of Acceptance to the trademark ** agency. The Notice of Acceptance only indicates that the application for trademark registration has been accepted by the Trademark Office, but does not indicate that the application has been approved.

Article 8 of the Trademark Law of the People's Republic of China 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.

Article 9 of the Trademark Law of the People's Republic of China stipulates that a trademark applied for registration shall have distinctive features and 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.

Article 11 of the Trademark Law of the People's Republic of China 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.

Where the signs listed in the preceding paragraph have acquired distinctive features through use and are easy to identify, they may be registered as trademarks.