What is a trademark, how to apply for registration, and how to register a trademark?

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 in China.

Steps: 1. Choose your preferred logo. You can choose from a range of text, graphics, numbers, letters, color combinations, and any combination of these features. Under the latest trademark law, sound can also be registered as a trademark.

2. Go to the official database and trademark query system "China Trademark Network".

Inquire about the prior registration, evaluate the registration risk, repeatedly revise, and finally determine the trademark to be registered, and make a trademark logo design.

3. Prepare trademark registration application materials

a. Application for trademark registration;

b. Power of attorney (if the first institution is entrusted);

c. Subject certification materials (personal ID card and individual business license, the company's business license of enterprise legal person).

4. Submit application materials. It must be submitted in person at the registration hall of the State Trademark Office.

5. Wait for the formal examination of the Trademark Office, and issue a notice of trademark acceptance after passing the examination. The time is about 60-80 working days (i.e. about 3-4 months), if the formal examination is not passed, you need to amend or resubmit the application.

After receiving the notice of acceptance of the trademark, you can mark the trademark with the "TM" mark for use.

6. It takes about 16 months from the submission of the application to the final receipt of the trademark registration certificate, of which about 3 months after the submission of the application is issued, the first 9 months after acceptance is the examination schedule, the last 3 months is the announcement period after the examination by the Trademark Office, and finally the certificate is made and issued about 1 month. The applicant needs to pay attention to whether there are any objections raised by others during the announcement period, and submit the opposition response statement according to the opposition defense notice issued by the Trademark Office to protect their legitimate rights and interests.

7. After the above process, if it goes well, you can get the trademark registration certificate. The term of protection of trademark registration is 10 years, and you can apply for trademark renewal 12 months before expiration, and the official fee is 300 yuan (you can also renew it within 6 months after expiration, but you need to pay an additional 500 grace fee), and the term of the exclusive right to use the trademark is extended for 10 years after this renewal, and it can be renewed and extended repeatedly.

Precautions. The entire registration process takes about 1 year, and the applicant must always pay attention to the changes in the status of the trademark and accept the documents issued by the Trademark Office in a timely manner to avoid unexpected situations with the trademark.

If the applicant entrusts the ** agency filed with the State Trademark Office to handle the trademark registration matters on its behalf, it only needs to sign the application form and power of attorney made by the ** institution, and hand over the trademark logo and the main certification documents to the ** institution, and the rest of the matters shall be handled by the professional trademark ** person in the ** institution.

Simply put, it's the brand of the goods or services you offer.

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

How do I register a trademark and how much does it cost?

Trademark registration must first determine the scope of goods and services to be registered and protected, determine the trademark to be protected, here is more professional, it is recommended to ask ** agency, need to inquire to see whether it can be registered, in order to determine whether to report, need the subject qualification documents, need a power of attorney, the current speed, seven or eight months to get the certificate.

There are two ways: one is to handle it yourself; The second is to entrust the trademark ** agency established in accordance with the law to handle it. If you do it yourself, you can go directly to the registration hall of the Trademark Office (you can also go to the office of the Trademark Office in Zhongguancun National Independent Innovation Demonstration Zone, the Trademark Examination Cooperation Center set up by the Trademark Office outside Beijing, or the trademark acceptance window set up by the local industrial and commercial and market supervision departments entrusted by the Trademark Office), or you can submit an application for trademark registration through the online application system.

Foreigners or foreign enterprises applying for trademark registration and handling other trademark matters in China shall entrust a trademark agency established in accordance with the law to handle the matters, except for foreigners or foreign enterprises that have a habitual residence or business office in China.

Applicants from Hong Kong, Macao and Taiwan should be handled with reference to foreign-related applicants.

Legal basis: Article 18 of the Trademark Law of the People's Republic of China.

To apply for trademark registration or other trademark matters, you can handle it yourself, or you can entrust a trademark agency established in accordance with the law to handle it.

Foreigners or foreign enterprises applying for trademark registration and handling other trademark matters in China shall entrust a trademark agency established in accordance with the law to handle the matters.

1. Preparation for registration;

2. Specific requirements for filling in the trademark registration application. According to Article 15 of the Regulations for the Implementation of the Trademark Law, trademark registration applications and other relevant documents shall be typed or printed. The Trademark Office will not accept handwritten trademark applications;

3. Application for registration;

4. Trademark examination;

5. Rejection and review of rejection;

6. Announcement of the preliminary examination. The examination and approval of a trademark refers to the decision to allow the registration of a trademark registration application if it meets the relevant provisions of the Trademark Law after it has been examined;

7. Registration announcement;

8. Obtain the trademark registration certificate.

According to the Trademark Law of the People's Republic of China, an applicant for trademark registration shall first file an application for registration in accordance with the regulations. The Trademark Office shall complete the examination within nine months from the date of receipt of the application documents for trademark registration, and if it complies with the relevant provisions of this Law, it shall make a preliminary examination and approval announcement. Within three months from the date of publication, the prior right holder or interested party may file an opposition with the Trademark Office for a trademark that has been preliminarily approved and announced.

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.

If the applicant for trademark registration is not satisfied with the rejection of the application or the non-publication, he may apply to the Trademark Review and Adjudication Board for review. The Trademark Review and Adjudication Board notifies the applicant in writing of its decision.

If an objection is raised to a trademark published in the preliminary examination, the Trademark Office shall hear the facts and reasons stated by all parties, and make a decision on whether to grant the registration after investigation and verification. If the Trademark Office makes a decision to approve the registration, it shall issue a trademark registration certificate and make a public announcement.

Therefore, applying for a trademark generally includes procedures such as application, formal examination, substantive examination, preliminary examination announcement, and registration announcement.

The above is my answer to this question, I hope it can help you, thank you.

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.

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.

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.

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 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.