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According to the data, by the end of 2017, China had a total of 10,000 trademark applications, 10,000 registrations, and 10,000 valid registered trademarks, ranking first in the world for 17 consecutive years. The average number of valid trademarks per 10,000 market entities in China is 1,520, a significant increase from 1,074 in 2011. There are only 86,699 Chinese characters in China, and the success rate of trademark registration for 2-3 characters in the future will be greatly reduced.
There are several main reasons that affect trademark registration:1The state attaches more and more importance to the protection of intellectual property rights, and the awareness of intellectual property rights of enterprises and individuals has become stronger, and the number of people who register trademarks and apply for copyright patents will also increase.
2.More and more enterprises have carried out intellectual property protection, such as category protection, and the corresponding trademark registration protection of the industry products that they do not operate, and many big brands will do 45 categories of protection as much as possible. 3.
The trademark examination standards are becoming more and more perfect, and some names with specific meanings will not be registered for similar trademarks and names that have a negative impact on society, such as: dwarf poke poor, green tea,; Tourist attractions, toponymic protection, etc. 4.
Trademarks are non-renewable resources, and the more successful trademark registrations, the less one non-renewable resource. It is basically impossible to register a trademark with the same name again. Just like domain names, good domain names are worth millions or even tens of millions, and that's why.
At the same time, the more trademarks are registered, the more they also drive the trademark trading market. A trademark transaction is a trademark transaction in which the transferor transfers the registered R trademark to the assignee in the form of trademark transfer. The cycle of trademark transfer is generally 6-8 months, and the probability of success of trademark transfer is very high, that is, you can obtain a high-quality R trademark through the form of trademark transfer, and you do not have to face any risks.
The general fee for trademark assignment is between 20,000 and 50,000 yuan. For trademarks, whether obtained through registration applications or assignments, we need to obtain a meaningful trademark based on the characteristics of our products. Trademarks can not only be used as a sign of goods, but also can be used to protect rights, financing, transfer and other administrative powers.
Therefore, enterprises should enhance their awareness of trademark protection, which is your intangible asset.
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There are many reasons for the rejection of trademark registration on the way, today Xiaoyi will summarize the following for you, if you still have any questions, you can continue to consult me, looking forward to getting you
1. Rejection due to poor trademark search.
2. Rejection due to violation of mandatory provisions.
The trademark itself was rejected for many reasons, such as lack of distinctiveness, exaggerated publicity, and adverse effects.
3. Rejection caused by blind inspection.
The trademark blind period is unavoidable, and China's Trademark Law will reject the trademark that is filed after the application according to the principle of first-to-file.
4. The trademark name is not standardized.
5. Similar to the prior registered trademark of others.
6. Lack of distinctiveness of the trademark, etc.
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1.China has a large number of new trademark applications every year, with an increase of about 8 million new applications every year;
2.The total number of trademarks is also large, with an existing stock of 30 million registered trademarks;
3.There are fewer and fewer text resources available for trademark registration, and good trademark names have long been registered;
4.There are many subdivisions of trademark registration examination, and there are more and more situations that need to be avoided in trademark registration;
5.In the context of China's emphasis on high-quality development, trademark examination will inevitably become stricter, and any registration conditions may be rejected.
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Trademark registration process: 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 1 month 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), and we can get the acceptance notice within 10 working days. 3. After the formal examination is completed, it will enter the substantive examination stage, which will take about 6-8 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); After the expiration of the opposition period, if there is no objection, the approval shall be given and the trademark registration certificate shall be issued. At this time, the real trademark right can be renewed indefinitely after 10 years.
1) Without the permission of the trademark registrant, the trademark identical to the registered trademark is used on the same goods;
2) Without the permission of the trademark registrant, the use of a trademark similar to the registered trademark on the same goods, or the use of a trademark identical or similar to the registered trademark on similar goods, which is likely to cause confusion;
3) Selling goods that infringe upon the exclusive right to use a registered trademark;
4) Forging or manufacturing the logo of another person's registered trademark without authorization, or selling the logo of a registered trademark that is forged or manufactured without authorization;
5) Replacing the registered trademark without the consent of the trademark registrant and putting the goods with the replaced trademark on the market;
6) Intentionally facilitating the infringement of others' exclusive right to use a trademark, or helping others to infringe upon the exclusive right to use a trademark;
7) Causing other damage to the exclusive right to use a registered trademark of another person.
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It takes 12 to 18 months to register a trademark. The process of trademark registration: 1. Check the trademark first, if there is no same or similar first, you can make a document and submit an application; 2. About 3 months after the application is submitted, the Trademark Office will issue a notice of acceptance to the applicant.
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; 5. If no one raises an objection after the expiration of the announcement period, you can get the registration certificate.
Article 4 of the Trademark Law provides that if a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services in the course of production and business activities, it shall apply to the Trademark Office for trademark registration. The provisions of this Law on commodity trademarks shall apply to the trademark of clothing and hosiery services.
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