How to apply for trademark registration? Urgent!

Hello, Yuyang Intellectual Property hopes that your question, a trademark is related to the intellectual property rights and brand of the enterprise, there is a certain cumbersome process, the following is our company through the collection of national intellectual property policy, but also hope to remember our company, really hope to help you.

1. Where a trademark is applied for, the category of goods and the name of the trademark shall be filled in according to the prescribed commodity classification table.

2. If the applicant for trademark registration applies for the registration of the same trademark on different classes of goods, he shall apply for registration according to the commodity classification table.

3. If the registered trademark needs to be used on other goods of the same class, a separate application for registration shall be filed.

4. If a registered trademark needs to change its logo, it shall apply for registration again.

5. If the registered trademark needs to change the name, address or other registration matters of the registrant, an application for change shall be submitted.

6. If the applicant for trademark registration files an application for trademark registration in China for the same goods within six months from the date of the first application for trademark registration in a foreign country, the applicant may enjoy the right of priority in accordance with the agreement signed between the foreign country and China or the international treaty to which he or she is a party, or in accordance with the principle of mutual recognition of priority.

If priority is claimed in accordance with the preceding paragraph, a written statement shall be made at the time of filing the application for trademark registration, and a copy of the first application for trademark registration shall be submitted within three months; If a written statement is not made or a copy of the trademark registration application is not submitted within the time limit, it shall be deemed that no priority is claimed.

7. If the trademark is used for the first time on the goods exhibited at an international exhibition sponsored or recognized by China**, the applicant for registration of the trademark can enjoy the right of priority within six months from the date of the exhibition of the goods.

If priority is claimed in accordance with the preceding paragraph, a written statement shall be made at the time of filing the application for trademark registration, and the name of the exhibition on which the goods are exhibited, evidence of the use of the trademark on the exhibited goods, the date of exhibition and other supporting documents shall be submitted within three months; If no written statement is made or the supporting documents are not submitted within the time limit, it shall be deemed that priority has not been claimed.

8. The matters declared and the materials provided for the application for trademark registration shall be true, accurate and complete.

We have a little more detailed information on Yuyang Intellectual Property Online.

Legal analysis: 1. Trademark inquiry 2. Submission of trademark registration application 3. Examination of trademark registration application 4. Announcement of 5. If the announcement is completed, a trademark certificate will be issued.

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

Article 22 It is stipulated that the applicant for trademark registration shall fill in the category 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 the form of a large book or a data message.

Article 28 The Trademark Office shall, within nine months from the date of receipt of the application documents for trademark registration, complete the examination of the trademark applied for registration, and if it complies with the relevant provisions of this Law, it shall make a preliminary examination and approval announcement.

Article 29 In the course of examination, if the Trademark Office considers that the contents of the application for trademark registration need to be explained or amended, it may request the applicant to make explanations or amendments. If the applicant fails to make an explanation or the returnee makes an amendment, it will not affect the Trademark Office's decision on examination.

The trademark registration procedure is as follows:

a) Registration. To choose the registration method, one is to apply for registration at the Trademark Office of the State Administration for Industry and Commerce; The other is to entrust the services of an experienced trademark organization.

2) Reserve funds. Prepare 10 pieces of trademark pattern reskinning (for color trademarks of specified colors, 10 coloring patterns and 1 black and white ink manuscript should be submitted), the length and width are not more than 10 cm and not less than 5 cm, and if the direction of the trademark pattern is unclear, the upper and lower parts should be marked with arrows; If the application is made by an individual, it is necessary to present the ID card and submit a copy plus a copy of the individual business license, and the business scope is consistent with the registered trademark hand socks; If it is an enterprise application, a copy of the enterprise's "Business License" shall be presented and a copy shall be submitted; Application for trademark registration stamped with the official seal of the unit.

c) Start the application.

4) Submit an application according to the classification of goods and services. At present, goods and services are divided into 45 categories, including 34 categories of goods and 11 categories of services. When applying for registration, the class of goods or services in which the trademark is used shall be determined according to the classification of the Classification of Goods and Services; If the same applicant uses the same trademark on different classes of goods, it shall file an application for registration in different classes.

5) Determination of the filing date. This is the most important point: thanks to the Chinese trademark registration.

Adopting the first-to-file principle, once you and other companies have a trademark dispute, the company with the first filing date will be protected by law. Therefore, it is important to establish a filing date, which is based on the date on which the application is received by the Trademark Office. The next step is the trademark examination, the preliminary examination announcement, and the registration announcement.

It should be emphasized that a trademark that has been approved by the Trademark Office in the first instance can only be registered after three months after the publication of the announcement without raising an objection, and the trademark is protected by law. The validity period of a registered trademark is 10 years, calculated from the date of approval of registration. If the validity period expires and it is necessary to continue to use it, it can apply for renewal of trademark registration.

6) Obtain the trademark registration certificate. After the trademark is registered, the Trademark Office issues a certificate to the registrant.

1. How to apply for trademark registration.

1. The process of applying for a registered trademark is:

1) Determine what products or services the trademark applies to; according to the product or service;

2) determine the class of trademark to be registered;

3) Take the trademark name and conduct a similar search on the trademark;

4) Prepare relevant materials and submit trademark registration to the Trademark Office;

5) Go to the Trademark Office for review;

6) Trademark announcement, after the trademark reexamination is passed, it means that the registration is successful.

2. Legal basis: Article 32 of the Trademark Law of the People's Republic of China.

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.

Article 25.

If an applicant for trademark registration files an application for trademark registration in China for the same goods within six months from the date of the first application for trademark registration in a foreign country, the applicant may enjoy priority in accordance with the agreement signed between the foreign country and China or the international treaty to which it is a party, or in accordance with the principle of mutual recognition of priority.

If priority is claimed in accordance with the preceding paragraph, a written statement shall be made at the time of filing the application for trademark registration, and a copy of the first application for trademark registration shall be submitted within three months; If a written statement is not made or a copy of the trademark registration application is not submitted within the time limit, it shall be deemed that no priority is claimed.

2. How to determine whether there is trademark infringement.

1. Whether there is any illegal behavior;

2. Whether there is any damage;

3. Whether the offender is subjectively at fault;

4. Whether there is a causal relationship between the illegal act and the harmful consequences.

1. What materials are required for trademark registration?

1.Application for trademark registrationThe application shall indicate the name and address of the applicant, the name of the designated goods or services, and the reproduction of the trademark.

2.Proof of the applicant's subject qualificationsIf the applicant is a domestic enterprise, a copy of the copy of the business license shall be submitted, and if the applicant is an overseas enterprise, the certificate of establishment of the company and the corresponding Chinese translation shall be submitted; If the applicant is a domestic natural person, a copy of the business license of the individual industrial and commercial household shall be submitted; If the applicant is a foreign natural person, a copy of the passport and the corresponding Chinese translation should be submitted.

.Entrust the intellectual property ** agencyIf an application for trademark registration is submitted, it shall also be submitted**Power of attorney from the institution

2. The process of registering a trademark

1.Design the trademark to be registered in advance.

2.Determine the scope of use of the trademark.

3.Check in advance whether the trademark has been registered. It is best to find a professional ** agency to assist in the inquiry, control the risk, and determine the pass rate.

4.Submit the documents to the local trademark office.

5.Wait for the review by the Trademark Office.

6.Announcement Period. After passing the preliminary examination of the Trademark Office, it has entered a three-month publicity period, and anyone who has an objection can file it, and if there is no opposition, it can be successfully registered.

If there is an opposition, the trademark opposition defense shall be carried out, and the registration can be successfully carried out after the defense is passed.

7.Issuance of trademark certificates. After passing the publicity period, the Trademark Office will issue a document announcing that the trademark is successfully registered and can be used, and the trademark is protected by law.

Formal examination - the notice of acceptance of the trademark registration application will be issued within 1 month.

Substantive examination – within 3 months.

3. Time of trademark registration

1.Submissions

The substantive examination procedure is 4 months from the date of examination at the Trademark OfficeThe audit has passed, the preliminary examination is qualified, and the announcement period has entered; If it is not passed, a notice of rejection will be issued.

3.Announcement Period.

For the preliminarily approved trademark, the preliminary examination and approval announcement of the trademark registration application shall be published in the trademark gazette for three months. If there is no objection within this time period, the trademark registration approval announcement will be published in the trademark gazette, and the registration date shall be 3 months from the date of passing the preliminary examination.

4.Issuance of e-Certificates. At present, the paper certificates have been abolished, all are electronic certificates, and on the whole, the registration process is smooth, and it takes about 8 months.