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One is the conditions that the applicant for a registered trademark must meet, and the other is the conditions that the applicant needs to meet when applying for a registered trademark. China implements the principle of voluntary trademark registration, and the application for registration of a trademark must be submitted to the Trademark Office by the applicant on its own initiative, and the applicant for a registered trademark should be an enterprise legal person, or an individual industrial and commercial household, or a rural contracted business household, or other natural persons who are allowed to engage in business activities in accordance with the law. 2) In addition, if the applicant does not meet the qualification requirements of the trademark registration application, the Trademark Office will not accept the registration application.
The trademark applied for must meet the following conditions:
1) The constituent elements of a trademark shall comply with the regulations, that is, it shall be composed of a single or combined element of "words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds" as stipulated in the Trademark Law.
2) The basic function of a trademark is to identify, so a trademark composed of the above elements must have its own distinctive characteristics and cannot be confused with other trademarks. Legal basis: A trademark applied for registration under Article 9 of the Trademark Law of the People's Republic of China 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.
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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.
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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.
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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.
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Applying for a trademark can be said to be very professional, and China has made special provisions on trademark applications, stipulating that there are some things that cannot be applied for trademarks. Trademark owners can only get more legal protection if they apply to register their trademark as a registered trademark. Businesses must be strategic and able to gain a solid foothold in the market.
Only by maintaining the trademark will the competitiveness of the enterprise be stronger. Therefore, this is why trademarks are important to enterprises. There are many techniques for trademark registration, such as naming techniques and information gathering.
Far from the commonly used words in the industry, many enterprises register trademarks and habitually use common words in the industry as the basis for registration. They believe that this can make the brand more distinctive and allow the public to remember that consumers can learn about the basic information of the business in the first place, such as the industry it works in. The use of such industry terms is only permitted in industry regulations.
The Trademark Law clearly stipulates that registered trademarks cannot be expressed in common terms in the industry due to lack of meaning.
Be individual and don't go with the flow. If you want to improve your odds of success, remember not to use public terms, because public words are easy to think of and you can't use them. According to statistics, there are a total of 2,500 commonly used words in China, and the usable vocabulary is very limited.
Control the number of words. Trademarks have a variety of values. The number of words in the trademark name is also relatively small.
In general, the fewer words, the more refined they are. Some people say it's hard to come up with a two- or three-word brand name. Almost all good words have been used, and there are very few trademarks that can be registered.
If you think about it, you may not be able to register a trademark that you are satisfied with. It is recommended that you register with a combination of text, graphics, and English. The pass rate is high, which can represent the company's personality and has a strong degree of silver infiltration.
Avoid applying more elements at the same time. At the same time, for some registered trademarks that contain multiple elements, it is advisable to register a single element separately, because in the case of a combined application, the examiner of the National Trademark Office examines the individual elements during the examination process. Once one of the elements expires, the combined mark will be refused.
Separate registration is different from the beating. Text, English and graphics are independent. The rejection of one does not affect the adoption of the other two.
During the important period of vigorous development of small and medium-sized enterprises, the state's policies encourage the public to actively start businesses. Therefore, as more and more companies and individuals appear to register trademarks, it is becoming more and more difficult to register trademarks. I can't remember the name for a while.
It is the equivalent of a corporate appearance. It may become a big brand image in the future. Hopefully, everyone can register a trademark to their satisfaction.
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When applying for a trademark, it is necessary to prepare sufficient information, the applicant's basic identity information and the basic information of the trademark. The more comprehensive, the better. Then go to the local trademark office to apply for a teasing town.
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Be sure to make an appointment in advance, you should apply in advance, and you should prepare relevant materials, such as the pattern of the trademark, the class of the trademark, the big one is to prepare the personal ID card, the household registration book before the quiet, the bank, the business license is ready, and the application should be prepared, and some fees should be paid.
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When applying for a trademark, it is necessary to prepare relevant data sources, and it is also necessary to have a guarantor, and it is necessary to ensure that it is relatively special to be able to pass the hail, what needs to be paid attention to is the truth, and it is also necessary to pay attention to the complete preparation.
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