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1. Does the logo need to be registered before it can be used?
1. The logo needs to be registered before it can be used. The company logo is actually a logo of the company, using a logo, if the logo happens to be registered by someone else, then it cannot be used, if no one registers the trademark, theoretically it can be used, but it will not be protected by the law, and others can also use it. If someone registers this trademark and finds that it is in use, then it is infringing.
2. Legal basis: Legal basis: Article 3 of the Trademark Law of the People's Republic of China.
Trademarks approved and registered by the Trademark Office are registered trademarks, 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.
2. How long does it take to register the copyright of the logo?
Logo copyright registration is generally 60 working days, and it can be expedited. Copyright, also known as copyright, is registered as copyright for the following works according to the principle of voluntariness: software copyright, text works, oral works, drama, opera, dance, acrobatic art works, fine arts, architectural works, photographic works, film works and works created by methods similar to filming, engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works, and other works stipulated by laws and administrative regulations.
In addition, it also accepts the registration of other copyright-related matters, the registration of various works authorization, the registration of audio and video recordings, and other copyright-related registrations designated by the National Copyright Administration and the registration carried out by the Center.
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The procedure for applying for a registered trademark is as follows:
1. Preparation for registration. Choose the registration method: 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.
Before registration, it is best to find a more authoritative search company to conduct a pre-registration inquiry to reduce the risk of trademark registration and improve the certainty of trademark registration.
2. Prepare materials, including trademark drawings, apply for a copy of the people's ID card and the company's "Business License" and submit a copy; Application for trademark registration stamped with the official seal of the unit.
3. Start applying.
4. Apply according to the classification of goods and services. When applying for registration, the class of goods or services for 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 application date shall be determined by 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.
6. Obtain the trademark registration certificate.
1: First of all, you need to conduct a trademark search.
2: If there is no same or similar inquiry, the business license of the enterprise should be provided to the ** institution, and if it is an individual registration, an individual business license and a copy of the ID card consistent with the name of the individual business license are required.
3: Figurative trademarks are generally not searchable.
4: Within 15 to 45 days of submitting the trademark application, the State Trademark Administration will give a notice of acceptance, which must be collected from the trademark ** agency.
5: Depending on the type of registration you are in, the waiting time to get the registration certificate is currently 2-3 years.
6: The examination of the State Trademark Administration will reject or pass, after passing your trademark into the announcement period, the announcement period is three months, any individual and enterprise can raise an objection to the trademark, and the objection to the sale of the trademark enters the opposition period. The opposition period is generally 2-4 years (for now).
If it is refused, you can file a rejection review with the National Trademark Review and Adjudication Board through the ** agency, and the waiting period for rejection review is 1 year.
7: If there is no objection after the expiration of the announcement, you can obtain a registration certificate and officially obtain legal protection. It is valid for 10 years, and if you continue to use it after 10 years, you need to renew it.
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Legal analysis: LOGO can apply for trademarks, but LOGO does not have patent features, so LOGO cannot apply for patent rights.
Legal basis: Article 8 of the Trademark Law of the People's Republic of China Any sign that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, as well as a combination of the above elements, may be applied for registration as a trademark.
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1. Formal examination.
After the formal examination, the application formalities are complete and the application documents are filled in in accordance with the regulations, the Trademark Office will issue a notice of acceptance. If the application formalities are incomplete or the application documents are not filled in in accordance with the regulations, a notice of inadmissibility shall be issued and returned, and the application date shall not be retained.
If the application formalities are basically complete or the application documents basically meet the requirements, but it needs to be supplemented and corrected, the Trademark Office will issue a notice of amendment to the trademark registration application. If the applicant makes corrections and submits them to the Trademark Office within the time limit, the filing date shall be retained; If the correction is not made or the correction is exceeded within the time limit, the Trademark Office will issue a notice of inadmissibility and return it, and the application date will not be retained.
2. Substantive examination.
After passing the formal examination, the trademark application will enter the substantive examination. After substantive examination, the Trademark Office will preliminarily examine and approve the trademark application that complies with the relevant provisions of the Trademark Law and make a public announcement. If the application is rejected, a notice of rejection shall be issued to the applicant.
If the Trademark Office considers that the content of the trademark registration application can be amended, it shall issue an office action. If the applicant responds within the time limit, the Trademark Office will continue the examination.
For the trademarks that have been preliminarily examined after examination, the China Trademark Office shall announce them in the Trademark Bulletin. Within three months from the date of publication, anyone can file an opposition to the trademark preliminarily approved by the China Trademark Office. If there is no objection or the objection is not sustained, the China Trademark Office shall approve the registration, issue a trademark registration certificate, and publish it in the Trademark Gazette; If the objection is sustained, the registration shall not be approved.
3. Request for review.
During the trademark registration process, if the applicant is not satisfied with the rejection of the trademark registration application by the Trademark Office, he or she may request a review from the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board will make a final decision on whether to grant or disapprove the registration and notify the applicant in writing. If the parties are not satisfied with the opposition ruling of the Trademark Office, they may request a review from the Trademark Review and Adjudication Board.
The Trademark Review and Adjudication Board will make a final decision and notify the parties in writing.
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On the road to entrepreneurship. Register your company logo.
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Hello, logo contains word trademarks, pinyin trademarks, graphic trademarks, English trademarks, color trademarks, sound trademarks, you are sure that you want to register graphics or words, determine what products you want to register after that, because there are 45 classes in the class, which class is protected in which category, that is, you need to determine the category of trademark registration, you can search at the Trademark Office after the category of your registration is determined, if there is no same or similar you can apply for registration, if there is a name you need to think again, I hope it helps you, I hope to adopt, thank you!
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Just find a specialized registered company, which can be found online.
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Method of registering trademarks and logos: First, if the trademark owner needs to obtain the exclusive right to use the trademark, it shall fill in the category and name of the goods using the trademark in accordance with the prescribed commodity classification table and file an application for registration. After accepting the Lingqing application, the Trademark Office shall complete the examination within nine months, and if it meets the requirements, it shall make a preliminary examination and approval announcement.
If there is no objection within three months from the announcement of the preliminary approval, it shall be approved for registration, issued a trademark registration certificate, and announced.
Trademark Law of the People's Republic of China
Article 22.
The applicant for trademark registration shall fill in the category of goods and the name of the goods using the trademark in accordance with the commodity classification table prescribed by Wu Wang Li, and submit an application for registration.
Trademark Law of the People's Republic of China
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.
Trademark Law of the People's Republic of China
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.
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In the case of signs, an application for trademark registration shall be made to the Trademark Office. An enterprise registering a trademark shall apply to the Trademark Office for trademark registration.
Registration process: First check the trademark. If there are no identical or similar ones, you can make an application document and submit it openly.
About 3 months after the filing of the application, the Trademark Office will issue a notification of acceptance of the application;
After the formal review, it will take about 9 months to enter the substantive review stage.
If the substantive examination is qualified, it will enter the announcement procedure (this period is 3 months, also known as the opposition period);
At the expiration of the announcement period, no objection was raised. You can get the registration certificate.
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The administrative department for industry and commerce accepts the application for special signs, and the Trademark Office, as a functional department of the State Administration for Industry and Commerce, specifically undertakes the application acceptance of special signs.
1) Special signs. Special signs refer to the names and abbreviations, logos, mascots and other signs composed of words and graphics used in national or international cultural, sports, scientific research and social welfare activities approved by the People's Republic of China.
2) Applicants for special signs. The applicant for the special sign shall be the organizer of the social welfare activities, and the applicant has the right to apply for registration with the administrative department for industry and commerce for the name and abbreviation, emblem and mascot used by the applicant.
3) To apply for the registration of special signs, the application form for registration of special signs shall be filled. The application includes A, the name of the applicant, the address of the celery forest, the applicant's seal B: the approving body and the approval number C:
Type of special sign (cultural, sports, scientific research or other) and its design description d: name of special sign (full name must be written), application for protection period (the time does not exceed 4 years, and the protection period is calculated from the date of approval of registration) e: the activity name, activity period, activity venue and activity content of the social welfare activity f:
The name of the goods or services for which protection is sought. The goods and services name column can be filled in directly with the category and category name, without filling in the group name and the specific goods and services name g: the special sign pattern is clear, easy to paste, replace with clean and durable paper or **, the length and width of the pattern is less than 10 cm, the black and white pattern must be more than 5 cm pasted in the specified grid, and the specified color of the 5 patterns must be attached, send 5 coloring patterns, and attach 1 black and white original H:
4) To apply for the registration of the special sign, the following documents must be submitted at the same time as submitting the application for the special sign: a:*** document approving the holding of the social activity or approval b:
Conditions and management methods for allowing others to use special signs c: *** Other documents that the administrative department for industry and commerce deems necessary to be submitted.
5) The applicant for the recognized registration of the special sign becomes the owner of the special sign, and the owner of the special sign may use the sign in advertisements, souvenirs and other items related to public welfare activities, and allow others to use the mark in the goods and services of the recognized registration.
6) The validity period of the special sign is 4 years, calculated from the date of verification. The owner of the special sign may apply for an extension within three months before the expiration of the validity period, and the extension period shall be determined by the administrative department for industry and commerce according to the actual situation.
Articles 6, 7, 8, 9, 10, 11 and 12 of the Regulations on the Administration of Special Signs.
1. ID card of shareholders and legal representatives.
3. The company's business scope, it is recommended that the number of words in the business scope be controlled within 70 words, including punctuation. >>>More
This depends on whether the above has been registered.
1. The name approval notice (from three names) can be approved by the ** party (choose different font sizes); >>>More
The factory is with the business scope of production and processing, to have a rental site, to go to the local industry and commerce to register the company is relatively simple, urban registration needs to have a commercial address for registration, suburban development zones will provide registration of the park for registration.
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