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1. Procedures for applying for trademark registration.
1. Fee: 270 yuan official fee is required to apply for trademark registration;
2. Procedures and materials to be provided: If the applicant applies for 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.
5. Conditions: The trademark applied by the applicant needs to meet certain requirements, otherwise it will be rejected.
6. Application type: It can be text, English, Chinese characters, graphics, separate application or a combination thereof.
7. Applicant: 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.
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Individuals can apply for trademark registration. According to the Trademark Law of the People's Republic of China, if a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for the goods produced, manufactured, processed, selected or distributed, it shall apply to the Trademark Office for trademark registration; If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for the services it provides, it shall apply to the Trademark Office for registration of a service mark.
Therefore, individuals can apply for trademark registration.
1. The conditions that need to be met by an individual as a trademark applicant.
1. If a natural person needs to obtain the exclusive right to use a trademark for the goods produced, manufactured, processed, selected or distributed or the services provided thereto, it shall apply to the Trademark Office for trademark registration.
2. Two or more natural persons may jointly apply to the Trademark Office for registration of the same trademark, and jointly enjoy and exercise the exclusive right to use the trademark.
2. The conditions that need to be met for the registered trademark.
1. The trademark shall have 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.
2. The trademark shall have distinctive features.
The distinctive features inherent in the sign itself, such as a trademark with novel ideas and unique design, can be registered as a "second meaning" trademark if it obtains distinctive features through use, such as a narrative sign that directly describes the quality of the goods, and is easy to identify.
3. Materials to be submitted for individual trademark registration.
1. A copy of the applicant's ID card and the registration documents issued by the relevant administrative authorities. If you have a passport, a copy of your passport is required.
2. Fill in the trademark registration application form (with fixed book form) and sign it in the designated position.
3. 6 black and white patterns of trademarks, which require clear drawings and specifications between 5x5 cm and 10x10 cm. If the color is specified, submit 6 colored patterns and 1 black and white pattern.
4. Individually-owned businesses can apply for registered trademarks in the name of "Individually-owned Business License".
5. The scope of goods and services for which a natural person applies for trademark registration shall be limited to the scope of business approved by the natural person in the business license or relevant registration documents, or to the agricultural and sideline products that he or she operates.
If you meet the above conditions and have the required materials ready, you can start the trademark registration!
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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.
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Prerequisites for an individual to apply for a trademark: According to the relevant provisions of the Trademark Law and the Regulations for the Implementation of the Trademark Law, a natural person, legal person or other organization with a business license can apply for trademark registration, and only an ID card is not allowed.
Step 1: Trademark search. According to the trademark submitted by the customer and the goods or services used in the trademark, we will provide professional inquiry, and according to the results of the inquiry, we will provide the client with analysis and suggestions on the feasibility of trademark registration, so as to minimize the risk of trademark rejection.
Step 2: Apply for registration.
How can an individual apply for trademark registration, and what are the conditions that must be met?
1. Domestic individuals (excluding Hong Kong, Macao and Taiwan) must have a business license for individual industrial and commercial households;
2. Hong Kong, Macao and Taiwan customers and foreign individuals can use passports or identity documents to apply for trademark registration;
Precautions for individuals on how to apply for trademark registration:
1. Domestic individuals use individual industrial and commercial households to apply for trademarks, and the scope of use of the trademark must be within the scope of business;
2. To apply for a trademark, an individual business can register a trademark in the name of a self-employed person, or register a trademark in the name of a legal person, or jointly apply for a trademark with the co-owner of a self-employed person;
What information do individuals need to provide to apply for trademark registration?
1. A copy of the business license of the individual industrial and commercial household (household registration in mainland China);
2. A personal identity certificate;
3. A copy of the trademark drawing in jpg format;
4. Contact information;
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First of all, you need to prepare these documentsApplying as an individual:
Clear trademark representation.
A copy of your ID card.
A copy of the business license of the individual industrial and commercial household.
Applying in the name of a business:
Clear trademark representation.
A copy of the copy of the business license.
Second, choose how you want to sign up:The first way to register: apply for registration at the Trademark Office of the State Administration for Industry and Commerce (online registration is possible);
The second way of registration: entrusting the trademark **organization** service.
After filing an application for trademark registration, the Trademark Office conducts an examination. The types of examination mainly include: examination of application documents (whether the documents are complete, whether the filling is standardized, whether the signature and seal are missing), trademark reproduction examination (examination of the specifications, clarity and necessary description of the trademark reproduction), trademark classification examination (examination of the goods and services filled in), and absolute relative reason examination.
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How to register a trademark, the benefits of trademark registration, why to register a trademark, how to register a trademark for individuals, how to register a trademark.
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How do I register a trademark? What needs to be done.
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1. Selection of registration method:
One is to go to the State Trademark Administration (with offices in Beijing) to handle trademark registration matters (China's Trademark Law allows citizens to apply for trademark registration directly with the Trademark Office of the State Administration for Industry and Commerce).
Another option is to engage an experienced trademark organization to provide you with trademark services. In this way, it will save you a lot of time and energy, and of course, the other party will charge the corresponding service fee.
In addition, the business conditions that the trademark ** organization should have: be able to provide accurate legal opinions and effective legal services for the client, be very familiar with the trademark registration application, use renewal, transfer license, opposition, case analysis, review and defense in the application process and other legal provisions and work circulation procedures, be familiar with the international classification of trademarks and services, accurately use the 45 classifications of goods and 8 classes of services, and understand the content of 485 similar groups, Grasp the development trend of more than 1 million registered trademarks in China.
Don't just look at the ** factor).
Although trademark search is not a mandatory procedure for registered trademarks (following the principle of voluntary search), this work can greatly reduce the risk of trademark registration and improve the certainty of trademark registration. In the search process, due to data processing and the examination period of the trademark application, etc., some of the trademarks of the earlier application cannot be entered into the database, so it is impossible to query and retrieve the information of this part. In addition, the trademark search and examination work is undertaken by different personnel, and the examination opinions of the inquirer and different examiners may be different, so the results of the trademark search cannot be regarded as a legal basis and have no legal effect.
Therefore, before registering a trademark, it is very important to find a professional trademark search company or a trademark organization with perfect trademark search conditions.
3. Preparation of trademark application materials:
1) If you are applying in the name of an individual, you need to present a copy of your ID card and business license. If you are applying for registration with an enterprise as the applicant, you need to present a copy of the business license of the enterprise and a copy of the business license signed and sealed by the issuing authority. A completed application form for trademark registration stamped with the official seal of the unit and the signature of the individual.
2) 10 trademark drawings (10 colored drawings and 1 black and white ink manuscript should be submitted for color trademarks of specified colors). The logo design provided must be clear, easy to paste, with smooth and durable paper or replaced with **, the length and width are not more than 10 cm and not less than 5 cm. If the direction of the trademark pattern is unclear, the arrow should be used to indicate the upper and lower levels.
To apply for a trademark for cigarettes and cigars, the design can be as large as the actual use.
3) Prepare the corresponding registration fee: registered trademark fee: 600 yuan per piece from October 15, 2015, if you are entrusted with the trademark ** organization, you need to pay the trademark ** fee of different amounts, the market price is between 100 and 2000 yuan.
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How can an individual apply for trademark registration?
At present, there are two ways to register a registered trademark for individuals:
The first way: the applicant applies directly. For example, the Trademark Office of the State Administration for Industry and Commerce, China Trademark Network; Or go directly to the trademark registration hall of the Trademark Office.
The second way: the trademark applicant entrusts the trademark ** agency to apply.
Registration process: design the trademark structure - check the trademark filing - prepare the registration materials - submit the registration application - wait for the registration notice.
2. What should I pay attention to when registering a trademark?
1. Before applying for a trademark, a trademark search should be conducted to search for whether there are prior similar trademarks. However, the trademark search can only find the data three or four months ago, and there is a certain blind period, and the data in the blind period cannot be queried because it is not entered into the data system, which may have a certain impact on the query results.
2. It is best to prepare two trademark designs for trademark application. Since the trademark application time takes about one to one and a half years, and the time cost is high, it is best for enterprises to prepare two or more trademark designs to improve the authorization rate.
3. If the trademark to be applied for by an enterprise exists in English, Chinese and graphic at the same time, the Chinese and English graphics shall be applied separately. Since the Trademark Office examines the Chinese, English and graphics in the trademark applied for registration separately, any one of them will result in the rejection of the entire trademark. Therefore, separating Chinese and English with graphics can increase the grant rate, but they can be used in combination in the process of use.
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Individual trademark registration method: 1. When an individual registers a trademark, he or she needs to submit the corresponding subject information to the Trademark Office, such as the application for registered trademark, the pattern and design concept of the trademark, the design purpose, and the copy of the ID card and the certificate; 2. The Trademark Office will review the information submitted by the applicant, and the review period is about one and a half years. Article 22 of the Trademark Law The applicant for trademark registration shall fill in the category and 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.
Article 22 of the Trademark Law The applicant for trademark registration shall fill in the category and name of the goods in accordance with the prescribed commodity classification table and submit an application for registration. An applicant for trademark registration may apply for the registration of the same trademark in respect of multiple classes of goods in 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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How to register your own trademark: First, the applicant should submit relevant materials and fill in the application for registration. Then, the Trademark Office accepts the application in accordance with the law, and conducts a preliminary examination within nine months from the date of application.
If no one raises an objection to the application within three months from the date of announcement, a 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.
The above is only the current information combined with my understanding of the law, please refer to it carefully!
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.
A trademark is a mark used to distinguish the brand or service of one operator from the goods or services of another operator. China's Trademark Law stipulates that the trademark registrant who has approved and registered a trademark approved by the Trademark Office, including commodity trademarks, service trademarks, collective trademarks and certification trademarks, enjoys the exclusive right to use the trademark and is protected by law.
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