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1 A trademark is a distinctive sign, which is not only different from a sign with a narrative and public nature, but also from a sign of other people's goods or services, so as to facilitate consumer identification. 2 Trademarks are exclusive. The purpose of using a trademark is to distinguish it from other people's goods** or services and to make it easy for consumers to identify them.
Therefore, the owner of a registered trademark has the exclusive right and exclusive right to use his trademark, and no one else may use it without the permission of the registered trademark owner. Otherwise, it constitutes an infringement of the trademark rights of the registrant and violates the trademark laws and regulations of the People's Republic of China. 3 Trademarks have value.
The trademark represents the quality reputation and corporate reputation and image of the trademark owner's production or operation, and the trademark owner has value through the creativity, design, application for registration, advertising and use of the trademark
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The application for trademark registration must be handled at the Trademark Office of the State Administration for Industry and Commerce, in Beijing.
The process of trademark registration:
1. Logo design.
2. Trademark inquiry.
3. Confirm the logo finally
4. Submit a trademark application.
Here are two ways to register a trademark and how much it costs:
The registered trademark must be handled by the State Trademark Administration in Beijing.
The first is to go to the Beijing Trademark Office and apply by yourself.
Advantages: safe, low application fee, as long as you pay the national fee and query fee.
Disadvantages: High cost on the road, time-consuming and labor-intensive.
Fee: The application fee is 1,200 yuan plus the travel fee is at least 1,800 yuan.
The second is to entrust the first company in Beijing to apply.
Advantages: Compared with the ** company of your local trademark, our message is faster, realizes the same day declaration, and strives for the application date as soon as possible.
The local trademark submission adopts the method of mail declaration, which does not have the advantage of time.
Cost: 1700 yuan (no need to come to Beijing, all electronic office, saving time and effort).
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Apply to the State Administration for Industry and Commerce.
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1. Trademark inquiry. 2. Apply for registration. 3. Formal examination. 4. Trademark examination. 5. Announcement of preliminary examination. 6. Registration announcement. 7. Obtain the trademark registration certificate.
OneHow to apply
1. You can go to the registration hall of the Trademark Office in person.
2. It can also be entrusted to a ** institution.
IIApplication Procedure
1. The trademark is examined first, and if there is no identical or similar before, you can prepare the application documents and submit the application.
2. About one month after submitting the application, the trademark will issue you a notice of acceptance of the application (this period is the formal examination stage).
3. After the formal examination is completed, it will enter the substantive stage, which will take about one to one and a half years.
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. After the expiration of the announcement period, if no one raises an objection, you can get the registration certificate.
IIIApplication Materials
1. For individual applications: a copy of the business license and a copy of the personal ID card of the individual industrial and commercial household are required.
2. Trademark drawing.
3. The scope of goods or services to be used by the registered trademark.
FourthApplication fee
You need to pay an official fee of 1,000 yuan to the Trademark Office, and if you entrust a ** agency to handle it, you need to pay a ** fee of about 600-800 yuan to ** agency.
FiveBenefits of trademark registration
1. It is convenient for consumers to recognize the brand and shop.
2. The trademark registrant has the exclusive right to use the trademark and is protected by law.
3. Through trademark registration, you can create a brand and occupy the market first.
4. A trademark is an intangible asset whose value can be evaluated.
5. The value of a trademark can be realized by transferring, licensing to others, or pledge.
6. Trademark is also a necessary condition for quality inspection, health inspection, bar code, etc.
7. Local industrial and commercial bureaus at all levels supervise the quality of goods and services through the management of trademarks.
That's itHow to register your own trademark?Before registering a trademark, you must think of a good trademark that is unique and not repeated with others, so that you can register the trademark faster, and you can make your brand known to the public faster, which will be of great help to your future enterprise development, so you must pay attention to trademark registration.
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What is a trademark used for?
A trademark is a mark used to distinguish the brand or service of one operator from that of another operator. China's Trademark Law stipulates that the trademark registrant who has approved and registered a trademark approved by the Trademark Office, including commodity trademarks, service trademarks, collective trademarks and certification trademarks, enjoys the exclusive right to use the trademark and is protected by law.
Trademarks protect trademark registrants by ensuring that they have the exclusive right to identify goods or services**, or to license others to use them for compensation.
Broadly speaking, trademarks contribute to a positive and enterprising spirit around the world by rewarding trademark holders for recognition and economic benefits. Trademark protection also prevents unfair competitors, such as counterfeiters, from using similar distinguishing marks to promote inferior or different products or services. Such a system would enable skilled and enterprising people to produce and sell goods and services under the fairest possible conditions, thereby contributing to international development.
Trademark is an important part of the product and packaging decoration picture, exquisite design, profound meaning, novel and chic, outstanding personality of the trademark, can destroy the good decoration of products and beautify the packaging, so that consumers are willing to buy.
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Legal analysis: To make a trademark, it is necessary to distinguish products or services with certain external marks. A trademark refers to a mark of a product or service, and is the name of the product or service provided by a business.
The joint function of trade names and trademarks is to provide customers with identification marks, guide consumers' choices, expand their market advantages, and provide services for enterprise management and operation. Promote producers or operators to continuously improve or stabilize the quality of products or services, which is conducive to market competition and advertising, establish corporate reputation, and become a symbol of enterprise quality. It can be used as a carrier of intangible assets and reputation to bring better economic benefits to enterprises.
Legal basis: Article 42 of the Trademark Law of the People's Republic of China Where a registered trademark is transferred, the transferor and the transferee 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 Wuju's registered trademark is approved, it will be announced.
The assignee shall have the exclusive right to use the trademark from the date of publication.
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The first step is to determine the scope of registration of the trademark and conduct a pre-search. The second step is to submit the application documents for trademark registration to the Trademark Office. The third step is acceptance and examination by the Trademark Office.
The fourth step is the announcement. If it passes the examination, the Trademark Office will make an announcement, and the publication period is 3 months. The fifth step is to approve the registration.
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The process of applying for your own brand trademark is as follows:
1. Check whether the trademark name has the same or similar trademarks, and also confirm the category of trademark registration, the industry and service where the registered trademark is located.
2. Prepare materials and apply in the name of an individual, and you need to show a copy of your ID card and business license for self-employed people.
3. Apply for trademark registration with the Trademark Office of the State Administration for Industry and Commerce.
4. If the competent authority for trademark registration has no objection to the trademark registration application, the trademark examination, the preliminary examination announcement and the registration announcement (3 months), the trademark certificate can be obtained.
To apply for your own brand, you need the following:
1. According to the provisions of the Trademark Law, if an individual wants to apply for trademark registration, he must be engaged in production and business activities, otherwise he cannot apply.
2. According to the provisions of the Trademark Law and the Regulations for the Implementation of the Trademark Law, if the applicant is a Chinese citizen or a foreigner with a habitual residence or place of business in China, he or she may apply to the Trademark Office for trademark registration.
The difference between a corporate trademark and an individual trademark:
1. The materials provided at the time of registration are different: the enterprise trademark needs to provide the trademark pattern (black or color), the scanned copy of the business license, the contact person, the address, and the zip code, and the personal trademark: the trademark pattern (black or color), the scanned copy of the self-employed business license, the scanned copy of the front and back of the personal ID card, the contact person, the **, the receiving address, and the zip code.
2. Different ownership rights: the ownership of the enterprise trademark belongs to the company, and the enterprise legal person and shareholders do not enjoy the exclusive right to the registered trademark. If the company is deregistered, the trademark must be transferred before the company is deregistered before it can continue to exist.
The company goes bankrupt, the trademark belongs to the company's property and needs to be liquidated, and the registered trademark is only owned by the individual, although a copy of the copy of the self-employed license is provided at the time of application, but after the successful registration, the trademark belongs to the individual, and is used and controlled by the individual.
3. The stability is different: the enterprise trademark applicant is a company, the address is the address on the company's license, and the information of the registered trademark must be consistent with the company's name and address on the company's license. The trademark applicant applied for in the name of an individual is the name of the individual, and the address of the applicant is the address on the ID card, and the individual's ID card is generally stable, so the information of the applicant of the trademark does not need to be changed, which is relatively stable.
4. Different ownership control: the trademark registered in the name of the company shall be determined by the company. If a trademark is registered in the name of an individual, the individual shall enjoy the exclusive right to use and control the trademark.
5. The name requirements of the trademark registration applicant are different: for the registered trademark in the name of the company, the applicant must have the company name on the company license, and cannot change it to other ones at will. To register a trademark in the name of an individual, the applicant can be in the name of a self-employed person or a self-employed operator, i.e., an individual.
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The trademark registration process is changed as follows:
1. Submit an application for registration to the Trademark Office;
2. The applicant pays the relevant fees;
3. The Trademark Office shall accept and substantively examine the application;
4. If the substantive examination is passed, it will be announced.
[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 trade name of the commercial rock product 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.
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