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The trademark registration process is broadly divided into 5 steps:
The first step is to determine the scope of registration of the trademark and conduct a pre-search. The scope of trademark registration should be selected according to the classes and trade names listed in the Table of Classification of Similar Goods and Services, and after the scope is selected, it is recommended to conduct a trademark search to assess whether the trademark registration application is at risk of being rejected, and if so, the trademark can be amended in time before the application for registration.
The second step is to submit the application documents for trademark registration to the Trademark Office. The application documents include: the application for trademark registration, the applicant's subject qualification certificate, and if the intellectual property ** institution is entrusted to submit, the power of attorney should also be submitted.
The third step is acceptance and examination by the Trademark Office. After acceptance, the Trademark Office will conduct a formal examination and a substantive examination, and the formal examination mainly examines the applicant's name, address, trademark reproduction, and designated goods and services. The substantive examination mainly examines whether the trademark is a sign that is prohibited from registration or use under the Trademark Law, and whether it conflicts with the same or similar trademark applied for or registered earlier.
The fourth step is the announcement. If the examination is passed, the Trademark Office will make an announcement for a period of 3 months, during which the prior right holder and interested party can raise objections to the trademark application.
The fifth step is to approve the registration. If no objection is raised during the announcement period, the Trademark Office will approve the registration and issue the Trademark Registration Certificate.
It takes about 12 months to complete the whole process of trademark registration.
Article 35 of the Trademark Law of the People's Republic of China where an objection is raised against a trademark that has been preliminarily approved and announced, the Trademark Office shall hear the facts and reasons stated by the objector and the objectee, and after investigation and verification, make a decision on whether to grant the registration within 12 months from the date of expiration of the announcement, and notify the objector and the objectee in writing. If there are special circumstances that need to be extended, it can be extended for six months with the approval of the administrative department for industry and commerce.
If the Trademark Office makes a decision to approve the registration, it shall issue a trademark registration certificate and make a public announcement. If the objector is not satisfied, it may apply to the Trademark Review and Adjudication Board for invalidation of the registered trademark in accordance with the provisions of Articles 44 and 45 of this Law.
If the Trademark Office makes a decision not to register, and the objector is not satisfied, it may apply to the Trademark Review and Adjudication Board for review within 15 days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall, within 12 months from the date of receipt of the application, make a decision on the reexamination and notify the objector and the objectee in writing. If there are special circumstances that need to be extended, it can be extended for six months with the approval of the administrative department for industry and commerce.
If the respondent is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the people's court within 30 days from the date of receipt of the notice. The people's court shall notify the objector to participate in the litigation as a third party.
In the course of conducting a review in accordance with the provisions of the preceding paragraph, the Trademark Review and Adjudication Board may suspend the examination if the determination of the prior rights involved must be based on the outcome of another case being heard by the people's court or handled by the administrative organ. After the reasons for the suspension are eliminated, the review procedure shall be resumed.
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Trademark registration is a legal procedure for obtaining the exclusive right to use a trademark. 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 for trademark registration. A trademark that has been approved for registration is a registered trademark.
The trademark registrant enjoys the exclusive right to use the trademark and is protected by law. The exclusive right to use a trademark is limited to the trademark that has been approved for registration and the goods or services that have been approved for use. Registered trademarks include commodity trademarks, service marks, collective trademarks, and certification marks.
Goods that must be registered by laws and administrative regulations must be applied for trademark registration, and those that have not been approved for registration shall not be sold in the market.
Registration process: trademark inquiry (within 2 days), preparation of application documents (within 3 days), submission of application (within 2 days), payment of trademark registration fee, trademark formal examination (1 month), issuance of trademark acceptance notice, trademark substantive examination (12 months), trademark announcement (3 months), issuance of trademark certificate. (The new Trademark Law will be implemented, and the substantive examination period for trademarks will be 9 months.)
Trademark registration is a prerequisite and condition for the trademark user to obtain the exclusive right to use the trademark, and only the trademark that has been approved for registration is protected by law. The principle of trademark registration is the basic criterion for determining the exclusive right to use a trademark, and the choice of different registration principles is the result of the balance between legal certainty and legal fairness by legislators of various countries in this issue.
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1. Design the trademark to be registered in advance.
2. Determine the scope of use of the trademark.
3. Check whether the trademark has been registered in advance. Go to the State Administration for Industry and Commerce to check whether the trademark has been registered, and if it is registered, you must change the trademark and then submit it. You can submit an application for registration without registration.
4. Submit information to the local industrial and commercial bureau. For individual trademark registration, you need to submit 2 copies of the front and back of your ID card, 6 copies of the design of the trademark, and a trademark registration application form with your signature.
5. Wait for the review of the Trademark Office.
6. Publicity period. After passing the preliminary examination of the Trademark Office, it will enter a three-month publicity period, and anyone who has an objection can file it, and if there is no opposition, it can be successfully registered. If there is an opposition, the trademark opposition defense shall be carried out, and the registration can be successfully carried out after the defense is passed.
7. Publication of trademarks. After passing the publicity period, the Trademark Office will issue a document announcing that the trademark is successfully registered and can be used, and the trademark will be protected by law.
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The application procedure for trademark registration is as follows:
1. Determine the trademark name.
Through the national trademark computer search system and the trademark application file under examination by the Trademark Office, check whether your trademark name conflicts with the trademark that has been registered or with the trademark that has been applied for and is under examination on the same kind of goods or services, and only if there is no conflict can it be declared.
Determine the trademark graphics.
The trademark that can be declared after inquiry shall be designed with a trademark graphic design. Applicants can design by themselves under the guidance of ** people, or they can entrust our professionals to design. 16 black-and-white drawings are required for trademark graphics that do not specify colors, and 16 color inkjet drafts and 2 black-and-white drafts are required for trademarks with specified colors, with specifications of 6-8 cm.
2. Go through the application procedures.
With the trademark image and name, the applicant can bring a copy of the business license and the official seal of the enterprise (with ID card and private seal for natural persons) to the trademark ** company to apply for sealing. The application form is set and printed by the computer, and the applicant does not need to fill in everything.
3. Pay the fee.
Trademark inquiry, design, registration, fees shall be paid according to the standards stipulated by the state.
The trademark registration procedures are cumbersome, and it is recommended to find a professional trademark registration lawyer** to go through the relevant procedures.
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1.The application shall be submitted by the applicant for trademark registration, and the preliminary examination and approval announcement shall be made after examination by the Trademark Office;
2.If no objection is raised or the objection is ruled not to be established, the trademark shall be registered and shall be protected by law, and the trademark registrant shall enjoy the exclusive right to use the trademark;
3.It takes about one to one and a half years from the application to the approval of the registration of a trademark. There is no statutory time limit for the approval or rejection of a trademark registration application, and the Trademark Office examines and publishes the trademark, and then issues a trademark registration certificate, and the trademark is approved.
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After the trademark passes the preliminary examination, it will enter a three-month publicity period, in this three-month publicity period, if no one raises an objection, then it can be successfully registered, if someone raises an objection, it will also be defended against the trademark opposition, and the defense will represent the successful registration of the trademark. After passing the publicity period, the Trademark Office will issue a document announcing that your trademark has been successfully registered, and the trademark can be used.
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The steps to apply for trademark registration are as follows:
1. Inquire before applying for trademark registration;
2. Prepare application documents;
3. Submit the application at the reception window of the trademark registration hall;
4. Hit the barcode in the coding window;
5. Pay the trademark registration fee at the payment window;
6. The Trademark Office issues the Notice of Acceptance in about three months;
7. Amendment to trademark registration application.
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For the application process for trademark registration, first you have to give your trademark a unique name that contains. Icon logo. Also, the funds you registered must meet the standards.
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The application process is that the first thing is to go to the official website to log in and register, then to hand in some materials, and the third is to wait for the review to be processed.
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First of all, you must think of the name of the trademark, then check the duplicate, and then prepare the relevant information to apply for it at the Industrial and Commercial Bureau.
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The general process of applying for trademark registration is as follows:
1. For trademark application, the applicant or the client submits an application for trademark registration to the local Trademark and Patent Office, and the Trademark and Patent Office will issue an acceptance receipt and acceptance date number after acceptance;
2. Submission of trademark application materials, the applicant or the client shall submit the relevant materials of the relevant trademark application to the trademark and patent office of the application;
3. The Trademark and Patent Office conducts a formal examination of the application materials, and submits them to the examiner for substantive examination after passing them.
4. The examiner conducts a substantive examination of the trademark, and publicizes and publishes the trademark after it is passed;
5. The opposition period is three months from the date of publication of the trademark, and anyone has the right to raise an objection to the trademark;
6. After the end of the opposition period, if there is no objection to the trademark or the opposition is not established, the trademark registration is successful;
7. Register the successfully registered trademark and issue the relevant trademark certificate.
Legal Dependence on Key Evidence].
Article 21 of the Trademark Law, Applicant Qualifications: Must be the original trademark registration applicant rejected by the Trademark Office.
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Legal analysis: The process of applying for a registered trademark is as follows: 1. The application is submitted by the trademark registration applicant, and the preliminary examination and announcement will be made after examination by the Trademark Office; 2. If no objection is raised or the objection is ruled not to be established, the trademark shall be registered and shall be protected by law, and the trademark registrant shall enjoy the exclusive right to use the trademark; 3. It takes about one to one and a half years from the application to the approval and registration of the trademark.
Legal basis: Trademark Law of the People's Republic of China Article 3 A trademark approved and registered by the Trademark Office is a registered trademark, including commodity trademarks, service trademarks, collective trademarks and certification trademarks; The trademark registrant enjoys the exclusive right to use the trademark and is protected by law. For the purposes of this Law, the term "collective trademark" refers to a sign registered in the name of a group, association or other organization for use by the members of the organization in commercial activities to indicate the user's membership in the organization.
For the purposes of this Law, the term "certification mark" refers to a sign controlled by an organization that has the ability to supervise a certain kind of goods or services, and is used by an entity or individual other than the organization for its goods or services to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services. Special matters concerning the registration and management of collective trademarks and certification marks shall be prescribed by the administrative department for industry and commerce.
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