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A trademark can be registered in several classes, China adopts the Nice Commodity Classification, and there are 45 types of trademarks, pointing to specific products and services. The type of trademark is a basic unit for a trademark. So, how should the number of classes and specific classes be selected when registering a trademark?
1. The number of classes in which a trademark is registered.
China adopts a trademark system of "one mark and multiple classes". According to the latest Trademark Law, an applicant for trademark registration can apply for the registration of the same trademark in respect of multiple classes of goods through a single application. There is no need to submit duplicate applications. It is recommended that the registrant select the appropriate category from the perspective of need.
2. Precautions for registering multiple classes of a trademark.
If the application for registration of a trademark is rejected in some classes, the registration certificate shall record the classes approved for registration and the goods and services approved for use.
One trademark with multiple classes" is issued with a registration certificate. The registrant cannot apply for the issuance of registration certificates by class, and only one registration certificate can be issued for a registered trademark.
In the Announcement on the Business Description of Segmentation of Trademark Registration Application and Precautions for Application, each trademark application for registration is limited to one division of multiple classes, and it is only applicable to the Trademark Office's rejection procedure for a trademark registration application on some designated goods or services, and other procedures are not divided.
The procedures for the transfer of a registered trademark shall be handled as a whole, and the registrant shall also handle the transfer of a similar trademark registered on the same type of goods, or an identical similar trademark registered on similar goods.
1. Precautions for enterprises to choose the type of trademark.
1) Conduct a comprehensive search to search for large industry categories and other types of registered trademarks of similar products.
2) Select a commodity item that is similar to the function of the product being operated, or select the main components of the product item that is being operated.
3) In addition to the core categories to be registered, attention should also be paid to the registration of important and related categories.
When registering a trademark, the type of trademark registration is a very important choice, choosing the type and quantity of registration, entrepreneurs need to consider the development and changes of enterprises and products, so as to avoid frequent changes to the trademark and ensure the validity of the trademark.
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For trademark registration, you need to pay attention to whether your trademark meets the registration requirements, and check whether there are similar trademarks in advance. As long as the application materials are submitted to the Trademark Office in accordance with the process at the time of registration, and finally as long as the permission of the Trademark Office is obtained, the trademark can be successfully registered.
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Taking the registration of a New Zealand trademark as an example, you need to pay attention to the following:
1. The trademark applied for first must have distinctive evidence, otherwise the examiner will reject the application of the trademark on the grounds that the trademark lacks distinctive features too much.
2. It cannot be similar to the trademark being applied for or registered in New Zealand, otherwise in the trademark examination process, the examiner will reject the application for the trademark on the grounds that the applied trademark is similar to the trademark being applied for or registered.
3. The trademark must not contain the non-registrable elements stipulated in the New Zealand Trademark Law, otherwise the examiner will reject the trademark application on the grounds that the trademark application violates the relevant provisions of the New Zealand Trademark Law.
4. The New Zealand Patent and Trademark Office does not set too many restrictions on trademark applicants to register trademarks in New Zealand, and individuals or companies from any country or region can register and apply for trademarks in New Zealand. When applying in the name of an individual, a copy of the applicant's passport or ID card needs to be prepared, and when applying in the name of a company, a copy of the business license of the applicant's company needs to be prepared.
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Trademark registration process:1Application method: You can go to the registration hall of the Trademark Office (Beijing) in person to handle it, or you can entrust the trademark ** agency to handle it.
2.Application fee: 600 yuan official fee to the Trademark Office, and if the first agency is entrusted, it is also necessary to pay about 600-800 yuan to the first agency.
3.Information required for application: 1. Trademark drawings are required;
2. The scope of goods or services to be used by the registered trademark; 3. Identification documents: aCompany application: a copy of the company's business license is required;
b.For individual applications: a copy of the business license and personal ID card of the individual industrial and commercial household is required.
4.Application Procedure:
1. Check the trademark first, if there is no same or similar before, you can make the application documents and submit the application;
2. About 3 months after the application is submitted, the Trademark Office will issue you a notice of acceptance of the application (this period is called the formal examination stage). 3. After the formal examination is completed, it will enter the substantive examination stage, which will take about 9 months.
4. If the substantive examination is qualified, it will enter the announcement procedure (this period is 3 months, also known as the opposition period); 5. At the expiration of the announcement period, no objection is raised. You can get the registration certificate.
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Preamble: I believe that for some businesses, if they can have a trademark that can protect their rights and interests, it is very important, but not every enterprise can register a trademark, so we have to learn how to register a trademark, so as to be able to successfully register, the following will share with you, what problems need to be paid attention to when registering a trademark. <>
Before we register a trademark, we must design a trademark in advance, and the components of the trademark are very rich, including text graphics, alphanumerics, color combinations, sounds, etc. If a very unique trademark is designed, then it enjoys copyright protection, but the copyright of these trademarks is not necessarily in the hands of the trademark owner, according to the relevant laws and regulations, if it is a product created by others, then these copyrights still belong to the creator. The trademark owner may legally use the trademark for the purpose of the commissioned creation.
When registering a trademark, it is necessary to meet a series of conditions such as non-functionality and distinctiveness, not a prohibited sign, and non-infringement of the rights of others. Therefore, before designing a trademark, we need to understand what trademarks are available, so as to avoid infringement of others' copyrights. The scope of protection of a trademark is still very large, and if there is a collision, it is very likely to be invalidated by the law.
There are many people who think that I want to register a trademark, so I only need to design a trademark design of my own, but this is not the case, if you want to get the right to use this trademark, we must prepare some documents. You can go to the relevant ** to check the prepared documents to avoid unexpected situations. At the same time, you should carefully read the precautions when using the trademark, and if you find that your trademark has expired, then you can continue to register.
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It is recommended to pay attention to the following three points in trademark registration:
1.First of all, the trademark should be checked whether there is similarity and the registration approval rate should be evaluated.
The commercial surplus sales mark to be registered should be significantly different and different from the trademark that has been accepted or registered before, so as to avoid playing the edge ball, and the pass rate of similar trademarks is very low, and it is easy to be rejected vertically.
2.Trademark registration is exclusive and resource-scarce. It is best to register a few more categories together with the relevant categories to avoid being preemptively registered by others, and to spend ** to buy from others.
3.After the trademark is registered, it must be used to avoid being revoked by other companies on the grounds that it has not been used for three years, commonly known as revocation.
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Note 1 for Registered Trademarks, which is a number of constituent elements of a trademark, is also a new provision of the Trademark Law. The numbers that make up the trademark can be either Arabic numerals or Chinese capital numbers. Note 2 of the precautions for the registration of trademarks, generally speaking, a single letter or number cannot be registered in most countries in the world that adopt the examination system due to its lack of distinctiveness.
Therefore, there must be more than two letters or numbers before they can be used as a word mark. Precautions for registered trademarks: Words or numbers in different languages can be combined with each other, and the combination of words can be words with meaning, or words without any meaning can be created.
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As the world's freest economy and international financial center, Hong Kong also has a very complete legal system and infrastructure, and the capital market is efficient and diversified
1. Hong Kong's financial industry is well developed. Hong Kong's capital market has a sound legal system, active trading, a sound financial system, and a large number of banks, which is a base for corporate financing, private equity and venture capital.
2. Hong Kong's tax system is simple and convenient. Hong Kong has a low tax rate and few types of taxes, and there are only two types of direct taxes levied: profits tax and salaries tax. Taxes are territorial,** Profits made in Hong Kong are taxable, while profits derived from outside Hong Kong are not taxable.
3. There is no foreign exchange control in Hong Kong. After opening an account, the Hong Kong company can receive and pay foreign exchange freely, without control, which provides great convenience and timeliness for the company's operation.
Dennett is a 23-year-old corporate service company and investment company, based in China and Hong Kong, 23 years of accumulation of 60,000 businesses from all walks of life, more than 600 professionals, more than 3,000 joint ventures, more than 8,000 partners, more than 100,000 customers from more than 130 countries. Dennett has handled more than 1 million cases, and the success rate or survival rate of client enterprises is more than 80%.
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When registering a trademark, 1 registration time, 2 registration of the pattern of the hailstone, 3 text blind information, 4 size of the stuffy, 5 related instructions, these things should be paid attention to.
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1. The trademark should have distinctive personality characteristics.
Article 9 of China's Trademark Law stipulates that "a trademark applied for registration shall have distinctive features, be easy to identify, and shall not conflict with the prior rights of others". The distinctive feature of a trademark refers to the distinctiveness and distinctiveness of the trademark.
No matter what form the trademark is composed, it should be as novel and unique as possible, so as to distinguish it from other similar commercial products.
Second, the trademark should be registered by classification, and you may wish to register a few more.
There are 45 classes of trademarks, and registered trademarks must be applied for by classification, and the application must indicate which class is to be registered, and the law only protects the class in which the application is registered.
3. Trademarks should take into account the characteristics of regionality.
The exclusive right to use a trademark is territorial, and a trademark approved for registration in a certain country or region is only valid in that country or region and is protected by the laws of that territory. Therefore, enterprises should apply for registered trademarks or international trademark registration in other countries in a timely manner according to the sales of their own goods.
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Registering a trademark is a thing that takes a long time, and there will be various risks in the middle of the registration, so what problems should we pay attention to at this time, the following is intellectual property rights to tell you about the details of the precautions and skills of registered trademarks, I hope to help you.
What should be paid attention to in trademark registration?
1. Apply for protection in your main category. Enterprises must register the trademark of the class in which the main business is located, such as the sale of clothing, and register the clothing first.
2. The industry category of interest must be registered. For example, if you sell beverages, you need to register the pesticide category at the same time; If you make food, you need to register the toilet category at the same time to avoid him having a negative impact on the brand he has been operating for many years.
3. Internet and advertising must be registered. In the Internet and since the era, because of the need for publicity and promotion, enterprise products and services are increasingly provided to consumers with the help of Internet tools such as first-class platforms, mobile phone apps, etc., and brand infringement cases and name squatting cases have occurred repeatedly. Common, such as Class 35, mobile app Class 9 must be registered.
What are the tips for trademark registration:
1.About the name of the trademark. The trademark shall be legal, distinctive, and shall not infringe upon the prior rights of others. The name of the trademark should have its own characteristics under the premise of legality, so as to facilitate the follow-up publicity of the enterprise.
2. Trademark inquiry. 60%-80% of trademark rejections are due to the failure to do a good job of trademark search in the early stage, and the applicant must check whether someone has registered the trademark before launching the product and service after determining a distinctive sign, and if someone has applied for the same or similar trademark first, we need to adjust it in time.
If you have any other trademark questions, please come to consult intellectual property, and we will have a professional intellectual property consultant to answer your questions.
Trademark registration materials, trademark registration applications.
1. "Application for Trademark Registration" and "Power of Attorney for Trademark**" (provided by Rika) 2. 1 trademark drawing, which requires clear drawings, specifications of length and width not less than 5 cm and not more than 10 cm. If you specify a color, you need to provide 1 color pattern and 1 black and white ink draft. 3. Two copies of valid certificates proving the applicant's qualifications or identity >>>More
Trademark Classification Search 28 Classes? There are 28 classes of trademark classification search, mainly fitness equipment, including game equipment and toys; ** Game devices; sports and sporting goods; Christmas tree with ornaments. >>>More
If the 18th class is not registered, it is also necessary to see whether there are similar trademarks in the 18th that will affect the trademark you want to register, and analyze the specific situation to determine. This does not mean that as long as no one has registered, it will be able to register.
1. The national basic registration is different When a trademark applies for international registration, the country designated for protection is a member state of the "Agreement", the trademark must be a trademark that has been registered or has been preliminarily approved before the application for international registration can be filed, and when the country designated for protection is a pure "Protocol" member country, the trademark has either been accepted by the Trademark Office for registration application or has been registered trademark. 2. Different working languages The working language used in the "Agreement" is only "French"; The working language of the Protocol may be either "French" or "English". 3. Different payment of fees If the country designated for protection of the trademark for international registration is a member state of the Agreement, the application only needs to pay the uniform fee stipulated in the Madrid Decision; If the country of protection designated for the trademark is pure"Protocol"Member States, the application is subject to individual fees in accordance with national regulations in addition to the uniform fees provided for in the Madrid Agreement. >>>More
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Trademarks are divided into 45 classes. >>>More