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First, there should be statutory constituent elements. Any visible sign that distinguishes the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numerals, three-dimensional signs and color combinations, as well as combinations of the above elements, can be registered as a trademark. Trademarks such as sound and smell that cannot be perceived visually cannot be registered in China; Second, the trademark should have distinctive features.
The distinctive features of a trademark can be obtained in two ways: first, the distinctive features inherent in the sign itself; The second is to obtain distinctive features through use. Third, the trademark sign used for registration shall not infringe upon the prior rights and interests of others.
1) It must not be identical or similar to a registered or applied trademark on the same or similar goods. (2) It shall not infringe other prior rights of others, such as design patent rights, copyrights, name rights, portrait rights, trade name rights, exclusive rights to special signs, exclusive rights to Olympic symbols, unique names of well-known commodities, exclusive rights to packaging, decoration, etc. (3) It is not allowed to preemptively register trademarks that have been used by others and have a certain influence by improper means.
Fourth, Special Provisions on Geographical Indications as Trademarks The so-called geographical indications are signs that indicate that a certain commodity is ** in a certain region, and the specific quality, reputation or other characteristics of the commodity are mainly determined by the natural or human factors of the region. If there is a geographical indication of the goods in the trademark, and the goods are not in the area indicated by the mark, misleading the public, it shall not be registered and its use shall be prohibited. If you want to handle it, you can go to Jinsan to have a look.
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Trade name, registration subject information, fee. Other ** companies will take care of it.
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To register a trademark, the following conditions need to be met: 1The trademark to be registered must have the constituent elements.
2.The trademark to be registered should be distinctive. 3.
A trademark applied for a concealment register shall not use a sign prohibited by law. 4.The trademark applied for registration shall not be identical or similar to the trademark of another person that has been sold on the same or similar goods or services, registered or preliminarily approved.
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1. Main conditions The applicant for trademark registration must be: enterprises, public institutions, social organizations, and individual industrial and commercial persons established in accordance with the law. 2. Application conditions Meet the requirements of classification according to goods and services At present, China's trademark law implements the international classification of goods, which divides more than 10,000 kinds of goods and services into 45 categories, including 34 categories of goods and 11 categories of services.
When applying for trademark registration, the class of goods or services for 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 according to the classification of goods. 3. Procedural conditions Trademark examination is an inspection conducted by the competent trademark registration authority on whether the trademark registration application complies with the provisions of the Trademark Law, including data retrieval, analysis and comparison.
Investigation and research and decision to give preliminary approval or reject the application - a series of activities.
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The applicant for trademark registration can be an individual, a company, a social organization, a foreign company or an individual. The required materials are:
Individual application: a copy of the business license of the individual industrial and commercial household.
Company application: a copy of the company's business license.
A copy of the company's business license;
The class and name of the trademark to be applied for (no more than 10 class names and within a large class. )
A reproduction of the trademark applied for (electronic version, jpg format);
An original copy of the intellectual property entrustment contract;
Pay special attention before applying:
1) The trademark applied for registration must have constituent elements;
2) The trademark to be registered shall be distinctive;
3) The trademark applied for registration shall not use the logo prohibited by law.
4) The trademark applied for registration shall not be identical or similar to the trademark that has been registered or preliminarily approved by others on the same or similar goods or services.
5) The trademark applied for registration shall not be identical or similar to the registered trademark that has been revoked or cancelled for less than one year.
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The conditions for registering a trademark are as follows:
1. It has statutory constituent elements;
2. It has significant characteristics;
3. It does not conflict with the prior legal rights of others; Wait a minute.
Legal basis] Article 9 of the Trademark Law stipulates that a trademark applied for registration shall have.
distinctive features, which are easy to identify, and must not be combined with those previously obtained by others.
Conflict of legal rights. The trademark registrant has the right to indicate "registered trademark" or.
Register the tag.
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This situation is more cumbersome and complicated.
It is recommended that you entrust an agency to apply for a registered trademark.
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1. If you apply for registration in the name of the enterprise, you need to provide a copy of the business license, and you need to affix the official seal on the copy of the business license;
2. If you apply for registration in your personal name, you need to provide 1 copy of your personal ID card and a copy of the business license of the individual industrial and commercial household, and the copy of the business license of the individual industrial and commercial household shall be stamped with the official seal;
3. Provide trademark text or drawings, and if you need to protect the color, you also need to provide color drawings;
4. The goods and services to be registered can be filled in according to the goods or services provided by the applicant himself, with reference to the ninth edition of the International Classification of Goods and Services for the Purposes of Trademark Registration (Nice Classification) and the Classification Table of Similar Goods and Services revised by the Trademark Office according to the above-mentioned international classification table;
5. Provide the "Trademark ** Power of Attorney" stamped or signed, especially pay attention to the address on the "Trademark ** Power of Attorney" should be completely consistent with the registered address on the business license.
The trademark registrant has the exclusive right to use the trademark and also has the right to license others to use the trademark for remuneration. The duration of protection of trademark rights varies from country to country, but after the expiration of the term, the trademark can be renewed as many times as you pay an additional fee. Trademark protection is carried out by a court or administrative agency, and in most systems, the court and the administrative authority that administers the trademark have the power to stop trademark infringement, and generally speaking, the court's decision is final.
Article 3, Paragraph 2 of the Trademark Law, the term "collective trademark" as used in this Law refers to a sign registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the membership of the person who is buried or used in the organization.
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Legal analysis: There are two kinds of conditions for applying for a registered trademark, 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 for 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 the trademark must 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 and use it indiscriminately, so a trademark composed of the above elements must have its own distinctive characteristics and cannot be confused with other trademarks.
Legal basis: Article 9 of the Trademark Law of the People's Republic of China The trademark applied for registration shall have a distinctive feature of scattering, 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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Application 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. Application Fee:
It is necessary to pay an official fee of 1,000 yuan to the Trademark Office, and if it is entrusted to the first agency, it is also necessary to pay a fee of about 600-800 yuan to the first agency. 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:
a.Company 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. 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 1 month after the application is submitted, the Trademark Office will issue you a notice of acceptance of the application within 10 working days (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 1 year. 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. The time for the above successful registration is generally about 12-18 months.
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The process of trademark registration: 1. Design your own trademark 2. Conduct trademark inquiry 3. Trademark registration. Documents required for trademark registration:
1. Trademark registration application 2, trademark registration power of attorney 3, copy of business license 4, application in the name of individual also need a copy of your business license 5, trademark drawings in six copies. Trademark registration needs to be handled at the Trademark Office of the State Administration for Industry and Commerce of the People's Republic of China.
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How do I register a trademark and how much does it cost?
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How do I register a trademark? What needs to be done.
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There are three main conditions required for trademark registration:
1.Prepare the application materials, if there are incompleteness in the trademark examination process, the application for registration will be rejected.
2.Check if there are any similar trademarks before submitting for registration, and if someone has registered a similar trademark, modify your trademark before submitting the application.
3.The design of the trademark itself must have distinctive features, otherwise the Trademark Office will not let the trademark pass the examination.
Fishclaw Nets will assist you in completing the registration at that time, so don't worry.
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Documents to be provided 1, trademark application form 2, trademark power of attorney 3, subject qualification certificate (companies or other organizations need to provide legal person registration certificate; Personal ID card + individual business license is required to apply in the name of an individual) 4. Clear trademark mark.
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As long as the registered trademark meets the registration requirements, check in advance that there are no similar trademarks. At the time of registration, the application materials are submitted to the Trademark Office according to the process, and finally as long as the permission of the Trademark Office is obtained, the trademark can be successfully registered.
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If it is a company form, design trademark, Chinese characters, English, patterns or mergers, ** institutions can be reported after passing the free pre-examination, you need to submit a copy of the business license and the 6-digit product code in the trademark category, and get the acceptance notice within 1 month after submission, and get the trademark certificate within 1 year.
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There are two channels for registering trademarks, one is to apply for a trademark at the Beijing Trademark Office, and the other is to handle it through a first-class agency, and we are a first-class agency specializing in trademarks. To register a trademark, you need to provide a copy of the business license and a copy of the trademark.
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1. The process of registering a trademark.
Trademark design--- trademark inquiry--- trademark application--- trademark acceptance--- trademark announcement--- trademark evidence collection.
The trademark acceptance letter of the country will be issued about 1 month after the filing of the trademark application, and the trademark can be used with the acceptance letter; Then enter the substantive examination period, the examination is announced in about 8 months, and the trademark registration certificate can be obtained without objection in 3 months, which lasts from one year to one and a half years. (The specific time is subject to the progress of the examination by the Trademark Office).
Note: Before the trademark certificate is issued, the word TM can be marked in the upper right corner of the trademark to indicate that the trademark has been accepted; After the trademark certificate is issued, the word R can be marked to indicate that the trademark has been certified, and whether to mark TM or R is voluntary. The trademark is valid for 10 years after approval and registration, and is renewed every 10 years, and can be used indefinitely without paying annual fees.
2. Information required for registration.
A copy of the personal ID card and a copy of the business license of the self-employed; The trademark representation of the registered trademark in jpg format; Select 10 products and services.
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I'm doing trademark registration now, you can come to me if you need to.
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First, the Chinese applicant for trademark registration must be an enterprise or institution, a social organization, an individual industrial and commercial household, or an individual partnership established in accordance with the law.
Second, the trademark applied for registration should meet the following conditions:
1.The trademark applied for registration must have the statutory constituent elements, that is, it must be a word, a figure or a combination thereof, otherwise it cannot be used as a trademark.
2.The words, figures, or combinations thereof used in a trademark should have distinctive features and be easily identifiable. Where distinctiveness means that it should have its distinctive characteristics.
3.The trademark applied for registration shall not use words or graphics prohibited by law.
4.The trademark to be registered shall not be identical or similar to a registered trademark that has been revoked or cancelled for less than one year. However, if an application for registration of a trademark on the same or similar goods is identical or similar to a registered trademark that has been revoked due to the suspension of use for three consecutive years, it is not subject to this condition.
5.The trademark applied for registration shall not be identical or similar to the trademark that has been registered or preliminarily approved by another person on the same or similar goods or services.
The above two major aspects are what we should have, so when you are ready to register a trademark, you should compare them accordingly to see if you have certain differences, which can also save a lot of time.
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