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Precautions
1.If a registered trademark is transferred, the trademark registrant shall also transfer the identical or similar trademark registered on the same or similar goods. The application for assignment of a registered trademark shall not cause misidentification, confusion or other adverse effects.
2.If the transferee is a foreign person or enterprise, the applicant shall designate the recipient of the domestic documents in the application to be responsible for receiving the legal documents of the Trademark Office. Domestic assignees are not required to complete this field.
3.After the application for assignment is submitted, the Trademark Office will issue a notice of acceptance to the applicant for the application for assignment that meets the conditions for acceptance (if it is handled directly in paper, it will be sent to the applicant by mail according to the address filled in the application; If the ** institution is entrusted, it shall be sent to the ** organization). If the conditions for acceptance are not met, the Trademark Office will not accept the application and issue a notice of inadmissibility to the applicant (if it is handled directly in paper, it will be sent to the applicant by mail according to the address filled in the application; If the ** institution is entrusted, it shall be sent to the ** organization).
4.If the application for assignment needs to be amended, the Trademark Office will issue a notice of amendment to the applicant (if it is handled directly in paper, it will be sent to the applicant by mail according to the address filled in the application; If the ** institution is entrusted, it shall be sent to the ** organization), and the applicant is required to make corrections within a time limit. If the applicant fails to make corrections as required within the prescribed time limit, the Trademark Office has the right to treat the application for assignment as abandoned or not approved.
5.After the application for assignment is approved, if it is handled directly in paper, the Trademark Office will issue the transfer certificate to the transferee by mail according to the address filled in the application; If the first institution is entrusted, it shall be sent to the first organization, and at the same time, the transfer shall be announced, and the transferee shall enjoy the exclusive right to use the trademark from the date of announcement.
6.If the application for assignment is deemed to be abandoned or not approved, the Trademark Office shall issue a notice of deemed abandonment or a notice of non-approval. If the paper form is handled directly, it will be sent to the applicant by mail according to the address filled in the application form; After **, send it to ** organization.
7.If the assignee in the assignment application is shared by more than one person, the relevant notice or certificate from the Trademark Office shall be issued only to the representative.
8.If the applicant entrusts a trademark ** agency to handle the transfer application, all documents shall be sent to the trademark ** agency.
9.If the application for assignment is agreed upon by both parties before the approval of the Trademark Office, the application for withdrawal may be made. If the transfer is handled through the ** institution, the withdrawal procedures shall be handled through the original ** institution.
The above content was revised in November 2018, if there is any change in the future, or if it is inconsistent with the requirements of the reception staff of the trademark registration hall in the process, the requirements of the staff shall prevail.
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Hello, what are the answers to the prerequisites for your company's trademark registration are as follows: (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 sign prohibited by law; (4) The trademark applied for registration shall not be identical or similar to the registered or preliminarily approved trademark of another person 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. 1. To apply for trademark registration for the first time, the applicant shall submit the application, trademark drawings, supporting documents and pay the application fee. The applicant for the registration of a drug trademark shall attach a copy of the drug manufacturer license or drug business enterprise license issued by the health administrative department, and if the application for trademark registration of tobacco products is applied, the certificate of approval of production by the national tobacco authority shall be attached.
2. If the scope of use of the registered trademark needs to be expanded during the use of the registered trademark, a separate application for registration must be filed regardless of whether the goods used in the expanded use belong to the same category as the goods used in the original registered trademark; If a registered trademark needs to change its logo, it shall file a new application for registration; If it is necessary to change the name, address or other registration matters of the registrant of a registered trademark, an application for change shall be filed. 3. In the case of the implementation of the first-to-file principle, the determination of the application date is of great significance. The filing date is generally based on the date on which the application documents are received by the Trademark Office.
If the applicant has priority, the priority date shall be the filing date. The Trademark Law stipulates that there are two circumstances under which the right of priority may be enjoyed: (1) if the applicant for trademark registration files an application for trademark registration in China for the same goods within six months from the date of 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 he or she is a party, or in accordance with the principle of mutual recognition of priority; (2) If the trademark is used for the first time on the goods exhibited at an international exhibition sponsored or recognized by China**, the applicant for registration of the trademark can enjoy the right of priority within 6 months from the date of the exhibition of the goods.
1. It is very important to choose a reliable intellectual property company; 2. Trademark registration inquiry is indispensable; 3. When choosing the trademark classification, we must first choose the current use, then select the later ones to be used, and finally, if the ability allows, protect our trademarks as much as possible. 4. Pay attention to the relevant time schedule; 5. After getting the registration certificate, it is necessary to scan and archive it first, and if necessary, it is best to store it in plastic packaging; 6. Remember to extend the trademark when it expires.
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