What to do if the trademark name cannot be registered What should I do if the company name cannot be

The solutions to the inability to apply for a trademark are:

1. Register with a different trade name, or buy the trademark from someone else.

2. The class of goods for which registration is applied for may be changed or the trademark may be changed.

3. Trademark application channels:

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. Application fee: 1,000 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.

Documents 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.

Trademark 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 1 month after the application is submitted, the Trademark Office will issue you a notice of acceptance of the application within 10 working days (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 1 year.

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. The time for the above smooth registration is generally about 12-18 months for free inquiry.

Why can't I sign up? It is possible to change the class of goods for which registration is applied or to change the trademark.

The company name and the trademark are not the same, the scope of the company's name can only be protected in the corresponding region, such as Zhejiang Jinguang ****, in Zhejiang within the same industry can not use the name of Sinar Mas as a company name, if it is outside the scope of Zhejiang can be used, as long as the trademark is registered in China, you can not use your trademark name in the same industry nationwide, if it becomes a well-known trademark in the later stage, other industries can not use this trademark name! I don't know if the meaning is clearly expressed, anyway, the exclusive right to use the company's name (trade name) and trademark is a region-wide gap, but I don't know how to deal with the indiscriminate use of the name that you said above, at least under the premise of legality, the difference between the trademark and the trade name filed by some national departments is mainly what I said above. If you have any questions, you can also ask me through QQ or **, I hope your questions can be satisfied!

Register under a different trade name, or buy the trademark from someone else.

1. Registration is made by adding or subtracting words with substantive meaning

For example, if you register the trademark Orff for teaching toys, you can change it to: Orff World, Orff House.

2. Change the word

Combined with the characteristics of the enterprise, by extracting the name of the enterprise'A word, plus another combination of words with a specific meaning, such as: registered footwear trademark Haoyuan, the query found that it could not be registered, and there is a word Zhi in the name of the business owner, which can be changed to Zhiyuan to register the corporate trademark (brand).

3. Change the form

Chinese characters can not be registered, can be registered through pinyin or pinyin abbreviation, such as: Liba bathroom can not be registered, can be registered with liba or lbwy, when using the corresponding trademark name under the company name, consumers can very intuitively know that this English (pinyin) trademark is the company's.

4. Register directly with phrases related to corporate culture

For example, the company's name Xinhao can not be registered, and the company's corporate culture slogan is "integrity first, reputation all over the world", then you can use "sincerity" to register the trademark.

Although there are many ways, but through the specific methods to obtain the trademark name or consult the relevant trademark ** person with a certain level of professionalism to inquire, to avoid unnecessary risks, trademark registration has never been 100% called poor power, and the main work of each qualified trademark ** is to minimize the risk of trademark registration entrusted by each **person.

Trademark registration process: and elimination

1. Trademark search: In order to avoid identical or similar trademarks, a search is conducted before registration to improve the success rate of trademark approval.

2. Submission of materials: Submit the prepared materials to the Trademark Office.

3. Preliminary examination: After receiving the information, the Trademark Office will examine whether the information and format of the documents comply with the regulations, and issue a notice of acceptance upon approval, otherwise a notice of trademark rectification will be issued.

4. Substantive examination: After passing the preliminary examination, the substantive examination will be conducted, and the commissioner of the Trademark Office will search and compare the trademark.

5. Announcement of the Constitution: The announcement period is 3 months through the substance, and the announcement period is 3 months, and it will be passed if there is no objection, and it will enter the trademark opposition stage.

6. Issuance of certificates: typesetting and printing of trademark certificates through the announcement period.

What information do I need to register a trademark?

1. Applicant's identification document:

A: If the applicant is in the name of the company, a copy of the company's "Business License" must be provided.

b: If you apply in the name of self-employed, you should provide a copy of the "Self-employed Business License".

2. Electronic file of trademark drawing.

3. Categories and sub-categories of goods and services of trademarks.

Legal Analysis: 1. Circumstances under which it is not allowed to be used as a trademark:

1) It is the same or similar to the national name, national flag, national emblem, national anthem, military flag, military emblem, military anthem, medals, etc., of the People's Republic of China, as well as the name or symbol of a state organ, the name of a specific place where it is located, or the name or graphic of a landmark building;

2) It is the same or similar to the national name, national flag, national emblem, military flag, etc. of a foreign country, except with the consent of that country**;

3) The name, flag, emblem, and so forth of the same international organization are the same or similar, except where with the consent of the organization or where it is not easy to mislead the public;

4) It is identical to or similar to the official mark or inspection mark indicating the exercise of control or guarantee, except where it is authorized;

5) Identical or similar to the name or emblem of the "Red Cross" or "Red Crescent";

6) Ethnically discriminatory;

7) It is deceptive and easy to mislead the public about the quality and other characteristics of the commodity or the place of origin;

8) It is harmful to socialist morality or has other negative influences.

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

Article 11 The following signs shall not be registered as trademarks:

1) There is only the generic name, graphic and model of the commodity;

2) It only directly indicates the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the commodity;

3) Other lack of distinctive features.

Where the signs listed in the preceding paragraph have acquired distinctive features through use and are easy to identify, they may be registered as trademarks.

Article 12 Where an application for registration of a trademark is made with a three-dimensional sign, the shape of the goods that is only produced by the nature of the goods themselves, the shape of the goods that are necessary to obtain technical effects, or the shapes that make the goods have substantial value shall not be registered.

If the trademark applied for registration in respect of the same or similar goods is a copy, imitation or translation of a well-known trademark of another person that is not registered in China, which is likely to cause confusion, it shall not be registered and its use shall be prohibited.

If the trademark applied for registration for non-identical or non-similar goods is a copy, imitation or translation of a well-known trademark already registered in China by another person, misleading the public, causing the interests of the registrant of the well-known trademark to be harmed, it shall not be registered and its use shall be prohibited.

If the reason for the invalid trademark is that it has not been renewed after expiration, or if the trademark has been revoked, and if no one is registering the trademark, the trademark can be registered. However, in general, the person who proposes to cancel the third trademark will apply for registration.

There is also a situation that if the trademark is approved within two or three years, but the trademark transfer shows that it is invalid, in this case, you need to pay special attention to it, if you want to register the trademark, you first need to understand why the trademark is invalid, if we apply for the trademark will be approved, many factors must be considered. Under normal circumstances, we first have to check whether the trademark is similar or similar to other trademarks, and if there is such a situation, the trademark will definitely not be registered.

If the trademark is invalid, don't rush to register it immediately, first of all, you need to understand the reasons why the trademark is invalidated, and you need to know what kind of invalidation can be applied for, so you won't do useless work.

1. Types of trademark invalidation.

1) Violation of the grounds for absolute refusal of registration. A registered trademark shall be declared invalid by the Trademark Office under the following four circumstances; Other entities or individuals may request the Trademark Review and Adjudication Board to declare it invalid.

Violation of Article 10 of the Trademark Law.

Violation of Article 11 of the Trademark Law.

Violation of Article 12 of the Trademark Law.

Obtaining registration by deception or other improper means. (e.g., fabrication, concealment of facts, falsification of materials, etc.).

2) Violation of the reasons for relative refusal of registration. Under the following seven circumstances, the prior right holder or interested party may request the Trademark Review and Adjudication Board to declare the registered trademark invalid within 5 years from the date of registration of the trademark. For bad faith registration, the owner of a well-known trademark is not subject to a time limit of 5 years.

Violating the provisions of the Trademark Law by infringing on an unregistered well-known trademark.

Violating the provisions of the Trademark Law and infringing on the registration of well-known trademarks.

Violating the provisions of the Trademark Law by preemptively registering unregistered trademarks due to business relationships; Preemptively registering the trademark of the person being **.

In violation of the provisions of the Trademark Law, the trademark contains a false geographical indication.

Violating the provisions of the Trademark Law, identical or similar to a previously registered or preliminarily approved trademark.

Violation of the provisions of the Trademark Law and the first-to-file principle supplemented by first-to-use.