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Jite intellectual property rights: The following points should be paid attention to in trademark registration: 1. In each category of the International Classification of Goods and Services for Trademark Registration, each registered trademark is a trademark.
Each trademark application for any registration is regarded as one application, and a separate set of application documents shall be submitted and a separate fee shall be paid. 2. If the number of copies of the document to be submitted is not specified, if there is no special statement in the "Specific Requirements" and "Precautions" columns, it shall be regarded as one copy. The goods that must be trademarked in order to be used are:
Tobacco. Precautions for natural persons applying for trademark registration. In accordance with Article 4 of the Trademark Law of the People's Republic of China, if a natural person engaged in the production, manufacturing, processing, selection, distribution of goods or provision of services needs to obtain the exclusive right to use the trademark, he or she shall apply to the law
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You can register your trademark with the Trademark Office, and you are a layman compared to the ** agency, and it is inevitable that there are places where you are not doing very well.
Step 1 Apply.
2 Formal examination.
3 Substantive examination.
4 Announcements.
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Trademark registration can only be handled by the Beijing Trademark Office, 1If you're in Beijing, you can apply on your own.
2.If you are in the field, the round-trip fare and accommodation fee still consume time, but it is not a matter of hundreds of ** fees, this is the advantage of finding a ** agency.
Of course, now it is not just a matter of grabbing a first-class agency, you must find a qualified institution certified by the State Trademark Office, preferably in Beijing.
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You can go to the Trademark Office to register your trademark, and the trademark can only be handled at the Beijing Trademark Office. It will be more troublesome in the field, and it is best to find a ** company. On the one hand, the Trademark Office will check a trademark and charge money once, if you have prepared six or seven of them, they have all been registered.
Then your inquiry fee will be about 1,000. Find a ** company to help you do everything. ** Fees up to $1,000 per trademark.
I think the company is better.
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It's better to find a ** agency.
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You can apply for a business license for individual industrial and commercial households, and register the trademark under the name of the individual.
Information required for application: 1. Trademark drawings are required;
2. The scope of goods or services to be used by the registered trademark; 3. Identification documents: aCompany application: a copy of the company's business license needs to be stamped; b.For individual applications: the business license of the individual business and the signature of the copy of the personal ID card are required.
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Individuals are not allowed to register trademarks!
According to the regulations, the applicant for a registered trademark is a self-employed person, a company, a state, a private enterprise, an association, etc.
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Now individuals can no longer register, and can only register trademarks through the nature of self-employed individuals or companies!
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Trademark registration process:1Application method: You can go to the registration hall of the Trademark Office (Beijing) in person to handle it, or you can entrust the trademark ** agency to handle it.
2.Application fee: 600 yuan official fee to the Trademark Office, and if the first agency is entrusted, it is also necessary to pay about 600-800 yuan to the first agency.
3.Information required for application: 1. Trademark drawings are required;
2. The scope of goods or services to be used by the registered trademark; 3. Identification documents: aCompany application: a copy of the company's business license is required;
b.For individual applications: a copy of the business license and personal ID card of the individual industrial and commercial household is required.
4.Application Procedure:
1. Check the trademark first, if there is no same or similar before, you can make the application documents and submit the application;
2. About 3 months after the application is submitted, the Trademark Office will issue you a notice of acceptance of the application (this period is called the formal examination stage). 3. After the formal examination is completed, it will enter the substantive examination stage, which will take about 9 months.
4. If the substantive examination is qualified, it will enter the announcement procedure (this period is 3 months, also known as the opposition period); 5. At the expiration of the announcement period, no objection is raised. You can get the registration certificate.
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It is not only necessary to apply for registration to obtain a trademark, but also to obtain a trademark through transfer. According to Article 42 of the Trademark Law of the People's Republic of China, a registered trademark is transferable, and the transfer of a registered trademark only needs to be approved and announced in case of failure, and the transfer can be completed without pure effect.
[Legal basis].
Article 42 of the Trademark Law of the People's Republic of China provides that in the case of a transfer of a registered trademark, the assignor and the assignee shall sign an assignment agreement and jointly apply to the Trademark Office. The assignee shall guarantee the quality of the goods using the registered trademark. If a registered trademark is transferred, the trademark registrant shall transfer the similar trademark registered on the same goods, or the same or similar trademark registered on similar goods.
The Trademark Office shall not approve the assignment that is likely to cause confusion or have other adverse effects, and shall notify the applicant in writing and explain the reasons. After the transfer of the registered trademark is approved, it shall be announced. The assignee shall have the exclusive right to use the trademark from the date of publication.
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Legal Analysis: A business license is required. You can't register a trademark without a business license.
The law stipulates that a natural person engaged in the production, manufacturing, processing, picking, distribution of goods or provision of services who needs to obtain the exclusive right to use a trademark shall apply for trademark registration with the Trademark Office of Chain Chong with a business license.
Legal basis: Article 4 of the Trademark Law of the People's Republic of China Where 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 its production and business activities, it shall apply to the Trademark Office for trademark registration. An application for registration of a trademark in bad faith that is not for the purpose of use shall be rejected.
The provisions of this Law on commodity trademarks shall apply to service trademarks.
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The trademark registration process is as follows:
1. Application for registration (required information):
1. Power of attorney for trademark registration (entrusted to Jindian Trademark Agency).
2. Proof of Applicant's Eligibility:
A Application in the name of the company, with a copy of the business license of the enterprise;
b Apply in the name of an individual, with a copy of ID card and self-employed business license, or a copy of passport.
3 Trademark reproduction:
Clear trademark design, ** length of 5-10 cm, width of 5-10 cm.
4. The international classification of the use of trademarks, and the specific items of goods or services in the classes to which they belong;
The goods or services to be filled in the application form must be listed in strict accordance with the contents of the "Classification Table of Similar Goods and Services".
5 Payment; (Trademark application registration and ** fee).
2. Accept trademark registration.
After receiving the trademark application documents, if the Trademark Office considers that the formalities are complete and the filling is standardized, the Trademark Office will issue a Notice of Acceptance of Trademark Registration within about 3-4 months from the date of submission (the actual time will be adjusted according to the speed of examination). The Notice of Acceptance of Trademark Registration only indicates that the application for trademark registration has been accepted by the Trademark Office, but does not indicate that the application has been approved.
3. Examination by the Trademark Office.
The Commercial Training and Marking Bureau will examine whether the applied trademark has distinctive features, and for the trademark that meets the legal requirements, it will be preliminarily approved in about 9 months, and an announcement will be published.
Fourth, the preliminary examination announcement.
For the trademark approved in the middle step of the first car, anyone can file an opposition within three months from the date of announcement. If there is no objection at the expiration of the announcement period, the registration shall be approved.
5. Registration.
For the approved registered trademark, a trademark registration certificate will be issued, and the "Registration Announcement" will be published.
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Individuals can registrar sell high targets! However, the following conditions must be met: 1. Individually-owned businesses may apply for trademark registration in the name of the applicant with the trade name registered in the Business License of Individually-owned Businesses, or in the name of the person in charge registered on the license.
When applying in the name of the person in charge, the ID card and business license of the person in charge should be submitted. 2. Rural contracted business households may apply for trademark registration in the name of the contractor and the contractor, and the identity card of the contractor and the contract shall be submitted at the time of application. 3. Other natural persons who have been allowed to engage in business activities in accordance with the law may apply for trademark registration in the name of the business operator published in the registration documents issued by the relevant administrative authority, and shall submit the identity card of the business operator and the registration documents issued by the relevant administrative competent authority when applying.
4. 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. Legal basis: Article 4 of the Trademark Law of the People's Republic of China provides that 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 to the Trademark Office for trademark registration.
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Trademarks are registrable. And the cost of the round is not high (270 yuan).
1. You can directly submit the application materials to the Trademark Office. The specific process can be operated according to the prompts, and it is recommended to check whether there is a similar or identical business registration before registration to improve the success rate of registration.
2. Entrust the trademark ** machine bridge hall to register. The cost is between 600-1000 yuan, only the name is provided, and other search declarations are solved by the trademark ** agency, which is generally more trouble-free with a higher pass rate.
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Trademark registration is to determine the legal ownership, and the trademark right is statutory, exclusive, and exclusive to the right holder.
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Of course, an individual can apply for a registered trademark, but the prerequisite for a registered trademark is not that the applicant must be a legal entity. The Trademark Law stipulates that the conditions for applying for a registered trademark are to design a trademark that meets the legal requirements, and the process of registering a trademark must comply with national laws. If an individual applies for a registered trademark, he or she should first design the trademark and then submit the application after checking for duplicates.
1. Can an individual register a trademark under the Trademark Law?
A person can register a trademark, and the following conditions must be met to apply for a registered trademark:
1. An individual should obtain the exclusive right to use the trademark for the goods produced, manufactured or processed, or the services provided to him, and should apply for trademark registration with the local trademark office.
2. Two or more individuals can apply to the Trademark Office for registration of the same trademark together, and the exclusive right to use the trademark is enjoyed by both people.
3. The trademark applied for registration should have statutory constituent elements. That is, the obvious signs that can clearly distinguish the applicant's own goods from the goods of others can be clearly distinguished by the naked eye, including words, numbers, letters, colors, etc., as long as the goods meet the above conditions, they can apply for a registered trademark, and the smell and sound that cannot be seen by the naked eye cannot apply for a registered trademark.
4. The trademark applied for registration shall have very obvious characteristics. For example, the design of the trademark is unique and novel, with significant characteristics that are different from other trademarks, and it has a high degree of recognition, which is conducive to its identification.
2. What is the process of individual trademark registration?
Trademark design - trademark search - application submission - notification of acceptance - trademark examination - gazettal announcement - completion of registration.
1. Design - before the trademark registration application, you can entrust our company or design by yourself.
2. Query - there are two kinds of query services: an internal query service; The other is the **** query service, which takes 7-14 working days.
3. Application - Submit the application documents for trademark registration to the Intellectual Property Department of Hong Kong.
4. Acceptance - After receiving the application materials for trademark registration, the Hong Kong Intellectual Property Department will issue a notice of acceptance after giving an application number to Sakura, which will take about one week.
5. Examination - Trademark examination is divided into two processes: formal examination and substantive examination. 6. Announcement - After the application is approved by the Trade Marks Registry, it will be published in the Hong Kong Intellectual Property Journal for a period of three months, and if no objection is raised, the trademark can be successfully registered.
7. Registration - If there is no objection to the trademark announcement or the objection is not established after ruling, the registration is successful. Under normal circumstances, it takes about 6 months to obtain the registration certificate. It is valid for 10 years after successful registration, and can be renewed on time six months before the expiration.
It may be that most of the people who apply for registered trademarks in real life are companies, which makes some people mistakenly think that natural persons cannot register trademarks, in fact, there are many well-known trademarks for individual industrial and commercial households, but the main purpose of our time and energy to register trademarks is to promote their products, and the registered trademarks of ordinary workers have little substance.
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Lawyer's analysis: China's trademark is preemptively registered abroad, and when the preemptively registered trademark enters the preliminary examination announcement, an objection is raised. When the preemptively registered trademark is approved for registration, a dispute may be filed with the Trademark Review and Adjudication Board to determine that the preemptively registered trademark is invalid.
An application for trademark registration shall not infringe upon the existing prior rights of others, nor shall it preemptively register a trademark that has been used by others and has a certain influence by improper means.
[Legal basis].
Trademark Law of the People's Republic of China Article 44 Where a registered trademark is used in any of the following acts, the Trademark Office shall order it to correct or revoke the registered trademark within a time limit
1) Changing the registered trademark on its own.
2) Changing the name, address or other registration matters of the registrant of the registered trademark on its own;
3) Transferring a registered trademark on its own;
4) Cessation of use for three consecutive years.
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