What should be noted in the trademark of your own restaurant, and what should you pay attention to?

Application 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.

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.

Application fee: 1,000 yuan official fee to the Trademark Office, and about 700 yuan to the ** agency if it is entrusted to handle it.

Application procedures: 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 (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 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. At the expiration of the announcement period, no objection is raised. You can get the registration certificate. I can check it for you for free.

Hygiene point concise Don't be incomprehensible.

Legal Qi Mo analysis: To open a restaurant, it is not necessary to register a trademark, if you want to play your own brand, it is recommended to register a trademark.

Legal basis: Trademark Law of the People's Republic of China Article 3 A trademark approved and registered by the Trademark Office is a registered trademark, 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 the 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 mark controlled by an organization that has the ability to supervise a certain kind of goods or services, and is used by units or individuals 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.

At present, according to the International Classification of Goods and Services for Trademark Registration, the types involved in catering enterprises are: 1. Catering service trademarks: Class 43 provides things and beverage services and temporary accommodation.

This includes services provided by individuals or institutions for the provision of food and beverages to consumers, as well as services for the provision of beds and boarding in hotels, lodgings or other establishments that provide temporary accommodation, such as hotels, cafes, cafeterias, restaurants, etc. 2. Trademark category of catering products: Class 29 meat and vegetable products.

It mainly includes meat products, as well as vegetables for daily use or storage and other edible horticultural products, such as roast duck, kimchi, meatballs, etc. The 30th category is noodles and cereal products. This category mainly includes foods from plants for daily use or storage, as well as seasonings such as dumplings, buns, pies, rice noodles, hamburgers, etc.

There are two ways to register a trademark: 1. Go directly to the trademark registration hall of the Trademark Office. 2. Entrust the State Administration for Industry and Commerce to recognize the trademark ** institution (Bajie Intellectual Property Rights)**.

First of all, the premise of trademark registration, and the most important thing is to query the name, the results and judgments of the name search are different, the catering industry, belongs to the 43 categories of trademark classification, belongs to the service trademark, and then according to the name of the search and analysis, followed by the trademark name can be applied for in the 43 categories of catering industry, you can prepare the information for application, you can find the local ** company to handle, you can also go to the trademark office to handle.

The procedures required to register a food and beverage trademark are as follows:

1. Determine the scope of trademark registration and conduct a pre-search. The scope of trademark registration should be selected according to the classes and trade names listed in the Table of Distinction of Similar Goods and Services, and after the scope is selected, it is recommended to conduct a trademark search to assess whether the trademark registration application is at risk of being rejected, and if so, the trademark can be amended in time before applying for registration;

2. Submit the trademark registration application documents to the Trademark Office. The application documents include: the application for trademark registration, the applicant's subject qualification certificate, and if the intellectual property ** institution is entrusted to submit, the power of attorney should also be submitted;

3. Accepted and examined by the Trademark Office. After acceptance, the Trademark Office will conduct a formal examination and a substantive examination, and the formal examination mainly examines the applicant's name, address, trademark reproduction, and designated goods and services. The substantive examination mainly examines whether the trademark is a sign that is prohibited from registration and use under the Trademark Law, and whether it conflicts with an identical or similar trademark applied for or registered earlier.

4. Announcement. If it passes the examination, the Trademark Office will make an announcement for a period of 3 months, during which the prior right holder and interested party can raise objections to the trademark application.

5. Approval and registration. If no objection is raised during the announcement period, the Trademark Office will approve the registration and issue the Trademark Registration Certificate.

Information Required:

1. Clear and non-random trademark design style drawing;

2. Fill in the trademark application registration form;

3. Applicant's identification materials;

4. Trademark entrustment registration contract;

5. A copy of the business license of the individual industrial and commercial household.

Legal basisArticle 22 of the Trademark Law of the People's Republic of China.

The applicant for trademark registration shall fill in the class of goods and the name of the goods 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.

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.

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.

Useful, registration is recommended. A trademark is a mark used to distinguish the brand or service of one operator from the goods or services of another operator. The Trademark Law stipulates that trademarks approved and registered by the Trademark Office, including commodity trademarks, service marks, collective trademarks, and certification marks, the trademark registrant has the exclusive right to use the trademark and is protected by law.

1. Do franchised restaurants need to register trademarks?

There is no need to register a trademark for joining, but for those who recruit to join, they need to have the trademark information of the franchisor used by the franchisee.

Franchising means that the investor licenses its trade name, trademark, service mark, trade secrets, etc. to the operator under certain conditions, allowing him to engage in the same business as the licensor in a certain area.

Article 3 of the Commercial Franchise Regulations The term "commercial franchising" (hereinafter referred to as franchising) in these Regulations refers to the business activities in which an enterprise (hereinafter referred to as the franchisor) (hereinafter referred to as the franchisor) has registered trademarks, corporate logos, patents, proprietary technologies and other business resources, and licenses its business resources to other operators (hereinafter referred to as the franchisee) in the form of a contract, and the franchisee carries out business activities in accordance with the contract in a unified business model and pays franchise fees to the franchisor.

2. How much does it cost to register a catering trademark?

According to the provisions of the detailed rules for the implementation of China's trademark law, the fee for trademark registration shall be formulated by the financial department and the competent department of *****.

Article 18 of the Detailed Rules for the Implementation of the Trademark Law of the People's Republic of China stipulates that the application date for trademark registration shall be subject to the date on which the Trademark Office receives the application documents. If the application for trademark registration is complete, the application documents are filled in in accordance with the regulations and the fee is paid, the Trademark Office shall accept the application and notify the applicant in writing; If the application formalities are incomplete, the application documents are not filled in in accordance with the regulations, or the fee is not paid, the Trademark Office will not accept the application, and notify the applicant in writing and explain the reasons. If the application formalities are basically complete or the application documents basically comply with the regulations, but it needs to be supplemented and corrected, the Trademark Office shall notify the applicant to make corrections and return them to the Trademark Office within 30 days from the date of receipt of the notice.

If it is supplemented and corrected within the prescribed time limit and submitted to the Trademark Office, the filing date shall be retained; If the amendment is not made within the time limit or the amendment is not made as required, the Trademark Office will not accept the application and notify the applicant in writing.

Useful. The core categories of registered trademarks of food and beverage outlets:

Class 43 Catering Restaurants: 4301 of which provides catering and accommodation services, such as restaurants, cafes, fast food restaurants, bars, teahouses, takeaway restaurants, etc., all need to be registered in this category.

Class 35 Hotel Management: If the restaurant plans to operate as a chain, it is recommended to register the trademark of this class in advance.

Related Classes of Registered Trademarks of F&B Establishments:

Class 29 cooked food: For example, cooked food, meat, eggs, milk and dairy products, and processed nuts need to be registered in this category, which is more suitable for some delicatessen.

Class 30 convenience food: If the restaurant wants to deal in some private label coffee, tea, desserts, pastries, convenience foods (buns, dumplings, packing, fried rice, pre-packaged snail noodles, etc.), these must be registered as a trademark in Class 30.

Class 31 fruits and vegetables: If you want to sell live seafood or unprocessed fruits and dried fruits and vegetables, you must register this type of trademark, which is more suitable for some seaside restaurants and some fresh fruit shops.

Class 32 Beer Drinks: I believe that many restaurants have their own freshly squeezed juices, soft drinks, fruit juices, plum juice and other beverages, and if you want to crown your own brand, you must register a Class 32 trademark.

Class 33 alcoholic alcohol: If you want to create your own wine, liquor and other alcoholic beverages, don't forget to register a trademark in Class 33.

Category 39 transportation and storage: If a restaurant wants to distribute its own catering food and semi-finished products to customers through its own channels, then it must register transportation, packaging and warehousing.

Class 40 Fabrication and processing: If the restaurant is involved in processing services such as food and beverages, it is necessary to register such a trademark.

1. Materials to be provided for individual trademark registration.

Materials to be provided for an individual to apply for trademark registration:

1. Trademark registration application signed by the trademark registration applicant;

2. Clear trademark logo;

3. A copy of the business license of the individual industrial and commercial household, and the ID card of the person in charge;

4. If you go directly to the trademark registration hall of the Trademark Office, submit a copy of the ID card of the person in charge; If the trademark ** agency is entrusted, the power of attorney for trademark registration shall be submitted.

2. The value of the trademark.

A trademark is an intangible asset of an enterprise, and there is no very fixed determination of the value of the trademark. The value of the trademark as an asset in the process of investment or operation, that is, the amount of capital contained in the trademark asset. refers to its capital value, not honorable or subjective value.

The common value judgment is usually determined by the recognition and recognition of the trademark, and is evaluated by the estimated value that the trademark can bring to the enterprise.

1. The trademark shall have statutory constituent elements.

Any sign capable of distinguishing one's own goods or services from others, including words, graphics, sounds, letters, numerals, three-dimensional signs and color combinations, as well as combinations of the above elements, can be registered as a trademark.

2. The trademark must have a certain distinctiveness.

Generally speaking, for new brands, trademarks with novel designs and unique ideas have a certain degree of distinctiveness, and the probability of approval at the time of application will be greater.

However, for some well-known time-honored brands, the name or function of the goods themselves is distinctive after long-term use, so a simple, generous trademark that highlights the name of the product will be more suitable.

1. Trademark registration process.

Trademark registration is a trademark legal procedure. If no one raises an objection or the objection is ruled not to be established, the trademark shall be registered and effective and protected by law, and the trademark registrant shall enjoy 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 a trademark registration application, and the Trademark Office examines and publishes the trademark, and then issues a trademark registration certificate, and the trademark is approved. The time period for trademark examination may change from time to time depending on the speed of internal examination by the Trademark Office. The validity period of a registered trademark is ten years, calculated from the date of approval of registration, and if the validity period of the registered trademark expires and it is necessary to continue to use it, it may apply for renewal of trademark registration.

2. How to determine the application date for trademark registration.

1. The date of application for trademark registration shall be subject to the date on which the Trademark Office receives the application documents. If the application formalities are complete and the application documents are filled in in accordance with the regulations, the Trademark Office shall accept the application and notify the applicant in writing; If the application formalities are incomplete or the application documents are not filled in in accordance with the regulations, the Trademark Office will not accept the application, and notify the applicant in writing and explain the reasons.

2. If the application procedures or application documents need to be supplemented and corrected, the Trademark Office shall notify the applicant to make corrections, and the applicant shall be required to supplement and correct them according to the specified content within 30 days from the date of receipt of the notice and return them to the Trademark Office. If it is supplemented and corrected within the prescribed time limit and submitted to the Trademark Office, the filing date shall be retained; If the application is not supplemented or the correction does not meet the requirements of the quiet balance after the expiration of the time limit, the application shall be deemed to have been abandoned, and the Trademark Office shall notify the applicant in writing.