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Anonymous users2024-02-07Trademark examination, or trademark examination, refers to a series of inspections, data searches, analysis and comparisons conducted by the Trademark Office on the applied trademark after the applicant submits the trademark registration application. The results of the trademark examination and analysis will determine whether the trademark applied for registration will be preliminarily approved or rejected. Therefore, understanding the requirements of trademark examination can help us to provide a successful chance of registering a trademark.
From the perspective of trademark registration procedures, the examination of trademarks can be divided into two stages, namely formal examination and substantive examination, and the time is basically controlled to complete the examination within nine months. However, according to the latest official release, the review cycle of trademark registration in China will be shortened to 6 months by the end of 2018 and to less than 4 months by 2020. This move will greatly reduce the time cost for enterprises and individuals to apply for and obtain the exclusive right to use trademarks.
Returning to the examination process of a registered trademark, when the applicant submits the trademark registration application, the first thing to face is the formal examination. Formal examination can also be called written examination, which is mainly conducted to examine whether the application materials are qualified. After passing the formal examination, the trademark will automatically enter the substantive examination stage.
The substantive examination part will be more detailed, with a series of tasks such as checking, searching, analyzing, comparing, investigating and researching the legality of the trademark, and accordingly making a series of preliminary examination or rejection. If the substantive examination is qualified, the Trademark Office will make a decision on preliminary approval of registration and issue a preliminary examination announcement, and the trademark registration will enter the next stage.
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Anonymous users2024-02-06The substantive examination of the licensed trademark filing takes about 6-10 months to complete.
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Anonymous users2024-02-05Legal analysis: The time for filing a trademark license is about six months.
Legal basis: 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 use license contract. The licensor shall supervise the quality of the goods in which the licensee uses its registered trademark.
The licensee shall guarantee the quality of the goods using the registered trademark.
If the registered trademark of another person is used with permission, the name of the licensee and the place of origin of the goods must be indicated on the goods using the registered trademark.
If the licensor licenses others to use its registered trademark, the licensor shall report the trademark license to the Trademark Office for the record, which shall be announced by the Business and Tourism Indicator Bureau. The trademark license shall not be used against a bona fide third party without filing.
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Anonymous users2024-02-04The time for the filing of trademark licenses by the Trademark Office of China is generally about six months, and the specific time needs to be determined according to the specific work arrangement. A trademark registrant who authorizes others to use its registered trademark needs to report the trademark license to the Trademark Office for the record, which will make an announcement, and it shall not be used against a bona fide third party without filing.
Article 42 of the Trademark Law of the People's Republic of China Where a registered trademark is transferred, the assignor and the assignee shall negotiate and sign the transfer agreement and jointly apply to the Trademark Office. The assignee shall guarantee the quality of the goods using the registered trademark. If a registered trademark is transferred, the trademark registrant shall transfer the similar trademark registered on the same goods, or the same or similar trademark registered on similar goods.
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. The licensor shall supervise the quality of the goods in which the licensee uses its registered trademark. The licensee shall guarantee the quality of the goods using the registered trademark.
If the registered trademark of another person is used with permission, the name of the licensee and the place of origin of the goods must be indicated on the goods containing the eggplant logo of the registrar. If the applicant is allowed to use his registered trademark, he or she shall report the trademark license to the Trademark Office for the record, which shall make an announcement. The trademark license shall not be used against a bona fide third party without filing.
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Anonymous users2024-02-031. How long does it take to record a trademark license? Article 43, paragraph 3 of the Trademark Law stipulates that after signing a trademark license contract, it shall be filed with the Trademark Office within the statutory time limit. The Trademark Office publishes the announcement of the filing of the trademark license contract in the Trademark Gazette.
If the licensor is allowed to use the registered trademark, the licensor shall submit a copy of the contract to the Trademark Office for the record within three months from the date of signing the trademark license contract. When submitting for the record, the licensee shall submit the Trademark License Contract Filing Form, a copy of the Trademark License Contract, and a copy of the Trademark Registration Certificate, and pay the filing fee in accordance with the provisions of the Trademark License. 2. What should be included in the license contract for the use of a registered trademark?
The registered trademark license contract shall include: 1. The name and address of the licensor and the licensee; 2. Licensed trademarks and their registration numbers; 3. The scope of goods for which the trademark is licensed; 4. The term of use of the license (should not exceed the validity period of the registration of the licensed trademark); 5. The way to provide the logo of the licensed trademark; 6. The terms of the licensor's monitoring of the quality of the goods in which the licensee uses its registered trademark; 3. How to handle the filing of trademark license contract? 1. If a trademark agency is entrusted to handle the filing of the trademark license contract, the applicant can voluntarily choose any nationally recognized trademark agency to handle it.
All trademark agencies filed with the Trademark Office are published in the column "**Agency". 2. If the applicant directly goes to the trademark registration hall to handle the trademark registration application, the applicant can follow the following steps: (1) Prepare the application documents (2) Submit the application documents at the acceptance window of the trademark registration hall (3) Fill the receipt barcode at the coding window (4) Pay the filing fee at the payment window (5) Collect the filing notice of the trademark license contract (5) Collect the filing notice of the trademark license contract Both the trademark license and the licensee must be clearly aware of the The trademark license contract filing certificate is an indispensable procedure, and only after the filing can the trademark infringement and some unnecessary conflicts that are not conducive to the cooperative relationship between the two parties be reduced.
However, before the Trademark Office has completed the filing of the trademark license contract, the trademark license contract has also come into effect, and it is not easy to breach the contract.
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Anonymous users2024-02-02It takes about six months from the submission of the application to the approval of the filing of a trademark license, and the filing system of a trademark license contract is a legal term, which refers to the following: according to Article 43, Paragraph 3 of the Trademark Law, after signing a trademark license contract, it shall be filed with the Trademark Office within the statutory time limit. The Trademark Office published an announcement on the filing of the trademark license contract in the Trademark Bulletin.
If the licensor is allowed to use the registered trademark, the licensor shall submit a copy of the contract to the Trademark Office for the record within three months from the date of signing the trademark license contract. When submitting for filing, the licensor shall submit the Trademark License Contract Filing Form, a copy of the Trademark License Contract, and a copy of the Trademark Registration Certificate, and pay the filing fee in accordance with the regulations.
1. What should be included in the license contract for the use of a registered trademark?
The license contract for the use of a registered trademark shall include:
1. The name and address of the licensor and the licensee;
2. Licensed trademarks and their registration numbers;
3. The scope of goods for which the trademark is licensed;
4. The term of use of the license (should not exceed the validity period of the registration of the licensed trademark);
5. The way to provide the logo of the licensed trademark;
6. The terms of the licensor's monitoring of the quality of the goods in which the licensee uses its registered trademark;
2. How to handle the filing of trademark license contract?
1. If a trademark agency is entrusted to handle the filing of the trademark license contract, the applicant can voluntarily choose any nationally recognized trademark agency to handle it. All trademark agencies filed with the Trademark Office are published in the column "**Agency".
2. If the applicant directly goes to the trademark registration hall to apply for trademark registration, the applicant can follow the following steps:
1) Prepare the application documents.
2) Submit the application at the reception window of the trademark registration hall.
3) Fill the barcode in the coding window.
4) Pay the filing fee at the payment window.
5) Receive the notice of filing of the trademark license contract.
5) Receive the notice of filing of the trademark license contract.
Both the trademark license and the licensee must be clearly aware that the trademark license contract filing certificate is an indispensable procedure, and only after the filing can the trademark infringement and some unnecessary contradictions that are not conducive to the cooperative relationship between the two parties be reduced. Before the Trademark Office completes the filing of the trademark license contract, the trademark license contract has already taken effect, and it is not allowed to be easily breached.
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