Is there a need to handle, trademark registration, patent application, enterprise certification?????

Beijing Instant Technology can do it.

A well-known trademark cannot be applied for, and can only be determined by an administrative authority or a court as a fact that needs to be determined in handling a trademark case. In trademark cases, the determination of a well-known trademark needs to be considered:

1) the degree of awareness of the relevant public about the trademark;

2) the duration of use of the trademark;

iii) the duration, extent and geographical scope of any publicity work for the trademark;

4) a record of the trademark being protected as a well-known trademark;

5) Other factors that make the trademark well-known. Producers and operators shall not use the words "embedding well-known trademarks" on commodities, commodity packaging or containers, or in advertising, exhibitions and other commercial activities. From this, it can be seen that a well-known trademark itself cannot be used for advertising and publicity, and is of no practical use in the absence of a dispute, and can only be effective in the process of dispute resolution in order to prove that it prevents others from preemptively registering or to prove the subjective bad faith of the trademark infringer.

Article 22 of the Trademark Law stipulates that an applicant for trademark registration shall fill in the category and name of the goods in which the trademark is used 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.

Trademarks generally go through the following process:

1.To check whether the trademark name already has the same or similar trademark, it is also necessary to confirm the class of the trademark registration, the industry and service where the registered trademark is located.

2.Preparation materials: To apply in the name of an individual, you generally need to present a copy of your identity certificate and self-employed business license.

To apply for registration in the name of an enterprise, a copy of the copy of the enterprise's "Business License" and a completed trademark registration application form stamped with the official seal of the unit and the signature of the individual must be presented.

3.Apply for trademark registration application to the Trademark Office of the State Intellectual Property Office, or entrust a trademark agency to entrust a trademark agency to ask them to help you make trademark application documents and submit trademark application documents.

4.The trademark registration authority shall conduct trademark examination (9-12 months), preliminary examination announcement and registration announcement (3 months) for the trademark registration application, and if there is no objection to the announcement, the trademark certificate can be obtained.

Regarding the fee for the amount of registered trademarks, the official fee for one application for one trademark is 300 yuan, and you can choose 10 categories of goods or services, and the official fee of 300 yuan will still be charged for less than 10 classes, and the official fee will be charged according to 30 yuan for the excess part of more than 10 classes.

If the trademark agency is entrusted, the applicant shall pay the official fee and the trademark registration certificate fee to the trademark agency.

Legal basis: Article 22 of the Trademark Law of the People's Republic of China.

The applicant for trademark registration 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.

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 a data strip.

The process of applying for trademark registration:

1.Pre-registration check.

First of all, it is necessary to conduct a trademark search on the trademark to be registered to ensure that the registered trademark is not the same or similar to the existing trademark, otherwise the trademark cannot be registered.

2.Preparation of documents for the registration application.

If the application is made by the enterprise, it is necessary to provide a copy of the business license and a completed and completed trademark ** power of attorney stamped with the official seal of the unit; If you are applying as an individual, you need to provide a copy of your ID card and a sole proprietorship license, as well as a completed power of attorney for your trademark. Most importantly, you need to prepare a clear trademark representation (jpg format).

3.Submit your application in the desired category.

The trademarks are divided into 45 categories, of which classes 1-34 are commodity-type trademarks, and classes 35-45 are service-oriented business Huai empty marks. When applying for trademark registration, determine which trademark classification the products belong to, and apply for protection according to the corresponding category. If the applicant wants to use the same trademark on different classes of goods, he should apply for registration in each class in which the trademark needs to be used.

4.Pay the fee for trademark registration.

Registration fees are charged by category and number, i.e. one fee per category. The fee is divided into two parts, one is the national fee, and the other is the **company's fee. The official fee for each trademark in each class is:

$300 per trademark ($270 for electronic filing); Company fees generally range from 500-1000. The collective trademark and certification mark of lead pants are 3,000 yuan per piece.

5.Trademark form, substantive examination and publication, etc.

The next step is the trademark formal examination, the issuance of the trademark acceptance notice (TM mark), the substantive examination of the trademark, the trademark publication period and other procedures. After the trademark has been preliminarily examined and passed by the Trademark Office, it needs to be published for three months, and if no one raises an objection during the announcement period, then the trademark registration is completed, and the trademark at this time can be protected by law.

6.Issuance of trademark certificates.

After the trademark is registered, the Trademark Office will issue a certificate to the registrant. If you are looking for a trademark ** agency ** to register a trademark, the Trademark Office will first send it to the trademark ** agency and then the agency will hand it over to you.

If the applicant for trademark registration files an application, and after examination by the Trademark Office, the spinal fluid residue is preliminarily approved and announced, and no one raises an objection or raises an objection and the buried bucket is ruled to be unestablished, the trademark is registered and effective, protected by law, and the trademark registrant enjoys the exclusive right to use the trademark.

It takes about one to one and a half years for a trademark to be approved for registration from application to registration. There is no statutory time limit for the approval or rejection of the trademark registration application, and the Trademark Office has approved and announced the trademark registration certificate, and the trademark has been approved.

Determine that the fan of his trademark is the trademark he wants to register, and what kind of internal type is the land model.

Submit the relevant trademark information to the relevant departments for inspection.

After the inspection, there will be a cautious announcement period, and the announcement period is generally three months, and no one has put forward opinions during the announcement period.

In accordance with Article 4 of the Trademark Law of the People's Republic of China, which stipulates that trademarks may be applied for registration, natural persons engaged in the production, manufacturing, processing, picking, distribution of goods or provision of services shall apply to the Trademark Office for trademark registration if they need to obtain the exclusive right to use a trademark. In addition to submitting the Application for Trademark Registration, trademark drawings and other materials in accordance with the relevant regulations, the following matters should also be paid attention to when applying for trademark registration and transfer in the name of a natural person:

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, copies of the following materials should be submitted:

1) ID card of the person in charge;

2) Business license.

Trademark registration application procedure.

1. Preparation for registration.

Select a registration method.

One way to register is to apply for registration at the Trademark Office of the State Administration for Industry and Commerce; Another way to register is to engage the services of an experienced trademark organization.

2. Prepare materials.

Prepare 5 trademark drawings (color trademarks of specified colors, 5 colored drawings and 1 black and white ink manuscript should be submitted), 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 upper and lower parts should be marked with arrows; 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 applying.

4. Apply according to the classification of goods and services.

Goods and services are divided into 45 categories, including 34 categories of goods and 11 categories of services. 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 categories of goods, the application for registration shall be filed according to different categories.

5. Determination of the application date.

This is an important point of the earliest silver slag: since the first-to-file principle is adopted for trademark registration in China, once you and other enterprises have a trademark dispute, the first-filed enterprise will be protected by law. Therefore, it is very important to establish the 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.

Trademark Law of the People's Republic of China

Article 4 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 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 relating to commodity trademarks shall apply to service trademarks.

Not necessarily, the differences between the two are as follows:

1. The subject matter of trademarks and patents is different: patents protect technical content, including inventions, new models or designs. A trademark protects the trademark itself, such as a figure, word, a combination thereof, or a three-dimensional mark.

2. The term of protection of trademarks and patents is different: the term of protection of patents is limited, 20 years for inventions, and 10 years for new models and designs, which cannot be renewed upon expiration. The trademark is protected for 10 years, but it can be renewed upon expiration, so as long as it is renewed every 10 years, you can have the exclusive right to use the trademark indefinitely.

3. The protection content of trademarks and patents is different: patent protection shall not manufacture, use, offer to sell, sell & import products that are identical or similar to the patent. Trademark protection may not register the same trademark on the same type of goods, and if the protected is a well-known trademark, others cannot mark the well-known trademark even if it is a different type of goods.

4.The application procedures for trademarks and patents are different: patents must be applied to the Patent Office of the State Intellectual Property Office, and the patent rights will be finally granted after preliminary examination (new model and appearance) and substantive examination (invention count).

The trademark is applied to the Trademark Office of the State Administration for Industry and Commerce, and after a preliminary examination, the registration of the potato is approved after the announcement has no objection.

Lawyer Analysis:1It is possible to file a patent application with the Patent Office; Paragraph 2It can be submitted directly to the patent office in person; 3.It is possible to send ** to the Patent Office; 4.It can be entrusted to handle it on behalf of the ** person of the hand-holding reputation management agency.

Legal basis]:

Patent Law of the People's Republic of China

Article 26 Where an application for a patent for invention or utility model is made, a written request, a description thereof, an abstract and a claim shall be submitted.

The request shall state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters.

The specification shall give a clear and complete description of the invention or utility model of the new potato type, which shall be subject to the realization of the skill person in the technical art; Where necessary, drawings should be available. The abstract shall briefly describe the technical points of the invention or utility model.

The claims shall be based on the description and clearly and concisely define the scope of the claimed patent protection.

For inventions and creations that rely on genetic resources, the applicant shall indicate in the patent application documents the direct and original nature of the genetic resources; If the applicant is unable to explain the original **, the reasons shall be stated.

Rule 28 The date on which the patent administration department receives the patent application documents shall be the filing date. If the application documents are sent by post, the postmark date of the application shall be the filing date.

I don't know about that. Because I am usually not very interested in this piece, and I don't pay much attention to this stool, I don't know what the specific steps for applying for a Chinese trademark are.

First of all, it is necessary to prepare the applicant's materials, and some business licenses of this company are high, and then you also need to prepare the drawings of this trademark, and then apply to the local application agency, and also need to pay the application fee of the applicant.