How to register a trademark? How do you register a trademark?

Ways to apply for trademark registration.

1. Ways to apply for trademark registration: The applicant for trademark registration can directly apply for trademark registration and other trademark matters with the Trademark Office of the State Administration for Industry and Commerce, or voluntarily choose any trustworthy trademark organization recognized by the Trademark Office of the State Administration for Industry and Commerce to entrust the application. The business scope of a trademark organization recognized by the State Administration for Industry and Commerce is not limited by administrative divisions. Trademark applicants in Hong Kong, Macao and Taiwan (habitual residence or place of business) in China outside the mainland shall entrust the trademark ** organization designated by the State Administration for Industry and Commerce to handle the application, and cannot directly handle the application for trademark registration and other trademark matters.

2. If you apply directly to the Trademark Office of the State Administration for Industry and Commerce, you can go to Beijing and go directly to the Trademark Registration Hall of the Trademark Office of the State Administration for Industry and Commerce to handle trademark registration and other trademark matters. The trademark registration hall on the first floor of the Trademark Office of the State Administration for Industry and Commerce provides all the convenience for applicants who directly handle trademark registration, there are various types of trademark applications** can be directly obtained free of charge, there are several latest versions of the "Similar Goods and Services Category" free of charge for viewing and selecting goods or services category items, there are samples of applications for applicants to fill in for reference, there are special windows to provide photocopying of document information, printing applications**, and searching trademarks (limited to word trademarks), If you encounter any problems that you don't understand or make mistakes in the process, you will get the guidance of the staff patiently. 3. Whether the successful application for registration of an ideal trademark can be successfully applied for and registered by the entrusted trademark organization, which has a strong professionalism and technology, a long time, many links and strong continuity.

For the vast majority of applicants who lack trademark knowledge, it is difficult to rely on their own ability to successfully complete these tasks, and the trademark organization and trademark owner are the trademark legal service institutions and professionals specializing in trademark application, so it is a wise choice for the vast majority of applicants to entrust the trademark organization and trademark owner to handle the trademark application and registration matters.

1. Fill in the Application for Trademark Registration and submit the application to the State Trademark Office in accordance with the registration method decided by yourself. 2. After accepting the application, the State Trademark Office will issue a Notice of Acceptance of Trademark Registration to the applicant. If the examination of the trademark application fails, the State Trademark Office will issue a Notice of Rejection to the applicant for trademark registration and inform the applicant of the detailed reasons for rejection.

3. If the review is successful, the registered trademark will be officially announced on the China Trademark Network, and if there is no objection after the expiration of the 3-month public period, the State Trademark Office will issue the Notice of Obtaining the Trademark Registration Certificate.

How do I register a trademark? What needs to be done.

How to register a trademark: The right holder may apply for registration to the Trademark Office on its own or by entrusting others. The Trademark Office shall make a preliminary examination within nine months from the date of receipt of the application, and if the application is met, it shall issue an opposition announcement within three months, and if there is no objection, the trademark registration certificate shall be issued.

[Legal basis].

Article 22 of the Trademark Law of the People's Republic of China.

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.

Article 28.

For the trademark applied for registration, the Trademark Office shall complete the examination within nine months from the date of receipt of the trademark registration application documents, and if it complies with the relevant provisions of this Law, it shall make a preliminary examination and announcement.

Article 33.

Within three months from the date of publication, the prior right holder or interested party may file an objection with the Trademark Office if it believes that it violates the provisions of Paragraphs 2 and 3 of Article 13, Paragraphs 2 and 3 of Article 15, Paragraph 1 of Article 16, Article 30, Article 31 and Article 32 of this Law, or any person who believes that it violates the provisions of Articles 4, 10, 11, 12 or 4 of 19 of this Law. If there is no objection at the expiration of the announcement period, the registration shall be approved, the trademark registration certificate shall be issued, and the announcement shall be made.

There is no difference between a personal trademark and a corporate trademark, whether it is an individual registration or a company registration, the value of the trademark and the degree of legal protection are the same. But there are other differences.

What is the difference between individual and company registration.

One: the stability is different

When the name or address of the company or the legal person of the company is changed, the trademark must also be changed accordingly; The individual's ID card is generally unchanged, and the trademark does not need to be changed, which is relatively stable.

Second, the ownership is different

The ownership of the trademark in the name of the company belongs to the company, and the legal person or shareholder of the enterprise does not enjoy the exclusive right to the registered trademark, and the company cancels the trademark and the trademark is invalid, and the trademark belongs to the company's property and needs to be liquidated; The trademark in the name of an individual is only owned by the individual, and the establishment or cancellation of the enterprise has no impact on the trademark.

Third, the information required to be provided is different.

1. Registered trademark in the name of the company provides:

A copy of the license is stamped with the official seal;

Representation of the trademark. 2. Provision of registered trademarks in the name of individuals:

Signature of a copy of the self-employed license;

A copy and signature of the ID card of the individual (i.e. self-employed);

Representation of the trademark. Note: If you apply with a self-employed business, you do not need a personal ID card. In addition, foreign individuals from Hong Kong, Macao and Taiwan can use their passports to apply for trademarks directly.

Fourth, the ownership is different

1. The company shall decide the right to use the trademark registered in the name of the company;

2. The trademarks registered in the name of individuals are relatively concentrated, and individuals enjoy the exclusive right to use and control the trademark.

5. Trademark inheritance

A trademark registered in an individual's name can be inherited to his or her children after a certain number of years;

The trademark under the company's name must be transferred before the company wants to be cancelled before it can be inherited to other people or organizations.

The registration process is different

1. The trademark name that an individual or enterprise needs to apply for and the category that needs to be registered are given to the trademark owner, and the trademark pass rate is evaluated, and the direct application with a high pass rate is low, and the trademark is renamed and re-evaluated;

2. The copy of the copy of the business license of the enterprise shall be stamped with the official seal and submitted to the trademark owner in the form of a scanned copy, and the individual shall provide a scanned copy of the copy of the business license of the individual industrial and commercial household and a scanned copy of the personal ID card;

3. Sign the power of attorney for the trademark, with the official seal or signature;

4. Pay the trademark application fee to the first person;

5. The first person submits the trademark registration application;

6. The notice of acceptance of the trademark application can be obtained in about one month.

7. Enter the waiting time of about half a year, and if the trademark registration is passed in the first instance, it will enter the announcement. After the end of the 3-month publication period, the registration and publication will be issued, and then the trademark certificate will be issued. In the end, the right to use this trademark belongs to the individual or enterprise.

In fact, trademark registration is not complicated, you only need to give the relevant information and fees to the trademark ** agency, and the next work will be handed over to them to complete.

1. Procedures for applying for trademark registration.

1. When the applicant requests trademark registration, he or she needs to provide a copy of the business license stamped with the official seal of the unit, or a copy of the business license and personal ID card of the self-employed person with the official seal.

2. To apply for trademark registration, you need to pay an official fee of 270 yuan;

3. The time required to apply for trademark registration is about 4-6 months for the notice of preliminary examination;

5. The trademark applied by the applicant needs to meet certain requirements, otherwise it will be rejected.

6. It can be text, English, Chinese characters, graphics, separate application or a combination thereof.

7. In China, the department to which the trademark registration application belongs is the Trademark Office of the State Intellectual Property Office.

2. Frequently asked questions and precautions for trademark registration application.

When a domestic legal person or other organization directly applies for trademark registration, it shall submit the following documents: fill in and print the Application for Trademark Registration in accordance with the regulations, and affix the applicant's official seal, trademark drawing, and copy of identity document. A certification mark refers to a sign controlled by an organization that has the ability to supervise a certain goods or services, and is used by an entity or individual other than the organization to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services.

Trademark search (within 2 days) Preparation of application documents (within 3 days) Submission of application (within 2 days) Payment of trademark registration fees Trademark Formal Examination (1 month) Issuance of Trademark Acceptance Notice Trademark Substantive Examination (12 months) Trademark Publication (3 months) Issuance of Trademark Certificate The new Trademark Law was implemented, and the substantive examination period for trademarks was 9 months. ）

Article 22 of the Trademark Law stipulates that an applicant for trademark registration shall fill in the category and name of the goods in which the trademark is used 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.

Article 23 A registered trademark needs to obtain the exclusive right to use the trademark on goods beyond the approved scope of use, and a separate application for registration shall be filed.

Article 24 If a registered trademark needs to change its logo, it shall apply for registration anew.

Article 25 Where an applicant for trademark registration files an application for trademark registration in China for the same goods with the same trademark within six months from the date on which the applicant files the first application for trademark registration in a foreign country, the applicant may enjoy the right of priority in accordance with the agreement signed between the foreign country and China or the international treaty to which the foreign country is a party, or in accordance with the principle of mutual recognition of the right of priority. If priority is claimed in accordance with the preceding paragraph, a written statement shall be made at the time of filing the application for trademark registration, and a copy of the first application for trademark registration shall be submitted within three months; If a written statement is not made or a copy of the trademark registration application is not submitted within the time limit, it shall be deemed that no priority is claimed.

Article 26 If a trademark is used for the first time on a commodity exhibited at an international exhibition sponsored or recognized by China, the applicant for registration of the trademark may enjoy the right of priority within six months from the date of the exhibition of the goods. If priority is claimed in accordance with the preceding paragraph, a written statement shall be made at the time of filing the application for trademark registration, and the name of the exhibition on which the goods are exhibited, evidence of the use of the trademark on the exhibited goods, the date of exhibition and other supporting documents shall be submitted within three months; If no written statement is made or the supporting documents are not submitted within the time limit, it shall be deemed that priority has not been claimed.

Trademark registration process: 1. To choose the registration method for registration preparation, one is to apply for registration at the Trademark Office of the State Administration for Industry and Commerce; The other is to entrust the services of an experienced trademark organization.

2. Prepare 10 trademark drawings (10 colored drawings and 1 black and white ink manuscript should be submitted for color trademarks of specified colors), the length and width are not more than 10 cm and not less than 5 cm, and if the direction of the trademark pattern is unclear, the arrow should be used to indicate the upper and lower levels; If the application is made by an individual, it is necessary to present the ID card and submit a copy plus a copy of the individual business license, and the business scope is consistent with the registered trademark; If it is an enterprise application, a copy of the enterprise's "Business License" shall be presented and a copy shall be submitted; Application for trademark registration stamped with the official seal of the unit.

3. Start the application 4. Apply according to the classification of goods and servicesAt present, the goods and services are divided into 45 categories, including 34 categories of goods and 11 categories of service items.

When applying for registration, the class of goods or services in 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.

5. The determination of the filing date is the most important point: since the first-to-file principle is adopted for trademark registration in China, once you and other enterprises have a trademark dispute, the enterprise with the first filing date will be protected by law.

Therefore, it is important to establish a filing date, which is based on the date on which the application is received by the Trademark Office.

The next step is the trademark examination, the preliminary examination announcement, and the registration announcement.

It should be emphasized that a trademark that has been approved by the Trademark Office in the first instance can only be registered after three months after the publication of the announcement without raising an objection, and the trademark is protected by law.

A registered trademark is valid for 10 years from the date of approval of registration.

If the validity period expires and it is necessary to continue to use it, it can apply for renewal of trademark registration.

6. After receiving the trademark registration certificate, the Trademark Office will issue a certificate to the registrant.

If it is through **organization, the **person will send the "Trademark Registration Certificate" to the registrant; If the registration is handled directly, the registrant shall collect the certificate from the Trademark Office within three months after receiving the Notice of Obtaining the Trademark Registration Certificate, and shall also bring: a letter of introduction for obtaining the trademark registration certificate, the ID card and a copy of the certificate holder, the original copy of the business license and a copy stamped with the seal of the local industrial and commercial department, the notice of obtaining the trademark registration certificate, and the change certificate issued by the industrial and commercial department if the name of the trademark registrant is changed.

Note: It generally takes about one to three and a half years from the application to the issuance of a new trademark application, of which it takes about one month for application acceptance and formal examination, about 24 to 30 months for substantive examination, three months for opposition, and about two months from approval announcement to issuance.