A brief description
Natural persons, legal persons or other organizations for their production, manufacturing, processing, picking or distribution of goods or services provided by the need to obtain the exclusive right to use trademarks, shall, in accordance with the law, to the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) to file an application for registration of trademarks. The International Classification of Goods and Services for Trademark Registration*** has 45 categories, of which 34 are goods and 11 are services. Trademarks designated for use on goods are goods trademarks, and trademarks designated for use on services are service trademarks.
Two ways
There are two ways to apply for the registration of a trademark for goods or service marks:
(1) appointing a state-recognized trademark agency to handle the application.
(b) the applicant directly to the trademark registration hall of the Trademark Office to handle.
Three, handling steps
(a) entrusted to the trademark agency, the applicant can voluntarily choose any nationally recognized trademark agency. All trademark agencies in the Trademark Office for the record are published in the "agency" column.
(2) the applicant directly to the Trademark Office of the Trademark Registration Hall, the applicant can follow the following steps:
Trademark registration application query (non-required procedures) → preparation of the application documents → in the Trademark Office of the acceptance of the window to submit the application documents → in the coding window to play the receipt of the bar code → in the window of the payment fee to pay for the registration of the trademark fee → three months or so, the Office of the Trademark Office issued a " Notice of Acceptance" → trademark registration. Notice of Acceptance" → trademark registration application correction (non-essential procedures)
Four, pre-application inquiry (non-essential procedures)
At present, a trademark from the application to the approval of the registration of about two years. If the trademark registration application is rejected, on the one hand, the loss of trademark registration fee, on the other hand, re-apply for registration of the trademark will take about 2 years, and whether the re-application can be approved for registration is still unknown. Therefore, it is better for the applicant to conduct a trademark search before applying for registration of a trademark to understand the prior rights, and then submit an application after making a judgment based on the search results.
Fifth, the preparation of the application for trademark registration
(a) in the name of a legal person or other organization to apply for trademark registration, the following application shall be submitted:
1, stamped with the official seal of the applicant's application for trademark registration.
2, 6 trademark drawings (1 on the back of the application form, 5), the requirements of clear drawings, specifications for the length and width of not less than 5 centimeters and not more than 10 centimeters. If you specify the color, stick 1 color drawing, hand in 5 color drawings, with 1 black and white drawings.
3, directly to the trademark registration hall, submit a copy of the applicant's business license, and show the original copy of the business license; if you can not show the original copy of the business license, the applicant's copy of the business license shall be stamped with the applicant's seal. Entrusted trademark agency, submit the applicant's business license copy.
4, directly to the trademark registration hall, submit a copy of the identity card of the operator; entrusted to a trademark agency, submit a letter of attorney for trademark agency.
5, if the application for registration of the trademark is a portrait, should be accompanied by a notarized portrait of the person who agrees to agree to the portrait as a trademark declaration.
(2) If a natural person applies for trademark registration, the following application documents shall be submitted:
1. Application for trademark registration signed by the applicant.
2, 6 trademark drawings (1 on the back of the application form, submit 5), the requirements of clear drawings, specifications for the length and width of not less than 5 centimeters and not more than 10 centimeters. If you specify the color, paste a color drawing, submit 5 coloring drawings, with a black and white drawings.
3, directly to the trademark registration hall, submit the applicant's own identity card or passport copy, the operator to show the original identity card or passport, submit a copy; entrusted to the trademark agency, submit the trademark agency power of attorney and the applicant's identity card copy.
4, natural persons applying for trademark registration, should pay attention to the following matters:
(1) individual businessmen can be registered in the name of its "individual business license" as the applicant name for trademark registration, but also in the name of the person in charge of the license registration application for trademark registration. In the name of the person in charge of the application should be submitted to a copy of the following materials:
① person in charge of the identity card;
② business license.
(2) individual partnership can be registered in its "business license" or the name of the relevant competent authorities registered documents registered as the applicant's name to file a trademark application, but also in the name of all the partners **** with the application for registration of trademarks. /p>
② contract.
(4) other natural persons authorized by law to engage in business activities, may be in the name of the operator in the registration documents issued by the relevant administrative organs to file an application for trademark registration, the application shall be submitted to a copy of the following materials:
① operator's identity card;
② registration documents issued by the relevant administrative organs.
(5) The scope of goods and services for which a natural person files an application for trademark registration shall be limited to the scope of business approved by the natural person in the business license or the relevant registration documents, or the agricultural and sideline products under his own management.
(6) The Trademark Office shall not accept and notify the applicant in writing of any application for trademark registration which does not comply with the provisions of Article 4 of the Trademark Law.
If the applicant provides false materials to obtain trademark registration, the Trademark Office shall revoke the registered trademark.
5. If the trademark applied for registration is a portrait of a person, a notarized declaration of the portrait right holder's consent to the registration of the portrait as a trademark shall be attached.
(C) fill in the specific requirements of the application for trademark registration
1, according to the "Trademark Law Enforcement Regulations" Article 15, the application for trademark registration and other relevant documents, should be typed or printed. For handwritten trademark application documents, the Trademark Office will not be accepted;
2, the name and address of the applicant for trademark registration should be filled out in accordance with the Business License, if the address in the Business License is not crowned with the name of the province, city or county where the enterprise is located, the applicant must be added in front of its address, the name of the province, city or county. The applicant's nominal seal should be registered with the "business license" on the business name is identical;
3, goods or services should be in accordance with the "Classification of Goods and Services" or "similar goods and services to distinguish between the table" fill in the specification of the name of an application can only be filled out in a category of goods or services. Commodity name or service items are not included in the classification table, should be accompanied by a description of the goods or services.
4, such as the applicant is a natural person, the applicant's name in addition to fill in the name, but also after the name to fill in the identity card number; the applicant's address can be filled in the physical address of the natural person or mailing address.
5, if the trademark is not a three-dimensional trademark and color combination of trademarks, the applicant should be in the type of trademark in the column of "general" before the box "√".
6. Please check the application carefully before submitting it, and make no changes after submitting it. Errors in filling out the application need to submit the "Application for Correction of Trademark Application/Registration Matters" (Form VII) and pay a fee of 500 yuan, the applicant, goods or services, and the trademark pattern shall not be replaced.
VI. Payment of Trademark Registration Fee
In a class of 10 trade names or service items, each trademark registration application fee is 1000 yuan, 10 or more (excluding 10), each more than one, an additional 100 yuan.
If a trademark agency is commissioned to handle the application, the applicant shall pay the trademark registration fee and agency fee to the trademark agency, and the trademark registration fee charged by the Trademark Office shall be deducted from the advance payment made by the trademark agency.
VII. Procedures for Correction of Trademark Registration Application (Non-required Procedures)
(1) Brief Explanation
1. If the applicant goes to the Trademark Office directly to apply for trademark registration, if the application procedures are basically complete or the application documents basically comply with the regulations, but need to be corrected, the Trademark Office will notify the applicant in writing that the application needs to be corrected. The applicant shall, within 30 days from the date of receipt of the notice, make corrections according to the specified content and return it to the Trademark Office. If the applicant fails to make the corrections by the expiration of the period, the application shall be deemed to be abandoned.
2, entrusted to the trademark agency for trademark registration application, such as the application procedures are basically complete or application documents basically comply with the provisions, but need to make corrections, the Trademark Office notified in writing that the trademark agency to make corrections. Trademark agency shall, within 30 days from the date of receipt of the notice, make corrections according to the specified content and return it to the Trademark Office. If no correction is made after the expiration of the period, the application shall be deemed to be abandoned.
(2) Notes
1, the applicant in accordance with the requirements of the irregularities or non-specific goods or services to make corrections, can be amended or deleted. Amendments should still fill in the standardized name in accordance with the "Distinguished Table of Similar Goods and Services", but shall not expand the scope of goods or services.
2, because the trademark drawing is unclear or should be filled in the trademark description of the correction sent back, the applicant should be in accordance with the requirements of the Trademark Office to make corrections, and shall not make any substantial changes to the trademark drawing, or else it is regarded as invalid.
3, the applicant in accordance with the corrections required to modify, should be stamped in the corresponding blank applicant's official seal. If the applicant is a natural person, should be signed by himself. If it is entrusted to the trademark agency for trademark registration application, should be stamped with the official seal of the trademark agency.
Eight, part of the trademark registration application refusal procedures (non-essential procedures)
(a) a brief description of
"Trademark Law Enforcement Regulations," Article 21 provides that: the Trademark Office of the trademark registration application, the use of trademarks on some of the designated goods on the application for registration in line with the provisions of the preliminary examination and approval, and be published; the use of trademarks on some of the designated goods on the application for registration does not comply with the provisions of the preliminary examination and determination, and be published. If the application for registration of a trademark for use on part of the designated goods fails to comply with the regulations, the trademark office shall reject the application for registration of the trademark for use on part of the designated goods and notify the applicant in writing with reasons. If the Trademark Office makes a preliminary examination of the application for registration of a trademark for use on part of the designated goods, the applicant may apply for abandonment of the application for registration of the trademark for use on such part of the designated goods before the expiration of the opposition period; if the applicant applies for abandonment of the application for registration of the trademark for use on such part of the designated goods, the Trademark Office withdraws the original preliminary examination, terminates the examination procedure and makes a new announcement. Therefore, this procedure is not a mandatory procedure for substantive examination of trademarks.
(2) Processing
The Notice of Partial Refusal of Trademark Registration is uniformly numbered and printed by the Trademark Office, and then sent to the applicant directly by registered letter. If it is represented through a trademark agency, it is sent to the trademark agency (except for self-pickup).
If the Notice of Partial Refusal of Trademark Registration fails to reach the applicant or the trademark agency for any reason and is returned by the post office, the Trademark Office will publish the Notice of Partial Refusal of Trademark Registration in the Trademark Bulletin, which will be deemed to be served within 20 days from the date of the announcement. If you come to the Trademark Office within 15 days from the date of service to go through the relevant procedures, the resumption of legal proceedings will be granted, otherwise it will be regarded as a waiver of the right.
Nine, notes
1, the applicant in filling out the application for trademark registration, should be in accordance with the business license to fill in the address. After the submission of the application, if the occurrence of correction, rejection or partial rejection, preliminary examination and approval of the announcement, receive the "Trademark Registration Certificate" and other matters, the Trademark Office will be based on the address of the applicant to send by registered mail. If the applicant's actual address does not match the address of the business license, the applicant should first apply for the address change of the business license before submitting the application. If there is a change of address after the application for trademark registration is submitted, the applicant can apply for the change of address with the changed business license and the corresponding procedures. The applicant's address is not postal, it is best to entrust the trademark agency for trademark registration applications and other matters.
2, the Trademark Office received the application, the form of examination that the procedures are complete, fill in the standard, generally in about three months by registered mail to the applicant "Notice of Acceptance". If the trademark agency for the application for trademark registration, the trademark office will "Notice of Acceptance" mailed to the trademark agency. The Notice of Acceptance only indicates that the application for trademark registration has been accepted by the Trademark Office, and does not indicate that the application has been approved.
3. If an application for trademark registration is rejected, the applicant may apply to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce for a review within 15 days from the date of receipt of the notice of rejection if the applicant is not satisfied with the rejection decision.
4. If the trademark application for registration is opposed, the applicant may apply to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce for a review within 15 days from the date of receipt of the decision on the opposition if the applicant is not satisfied with the decision of the Trademark Office on the opposition.
5. Under the circumstance that no application correction or opposition is filed, it takes about 2 years for a trademark to receive the Certificate of Trademark Registration from application. After the trademark is approved for registration, if the trademark registration application is handled directly in the trademark registration hall, the Trademark Office will send out the Notice of Receipt of Trademark Registration Certificate according to the name of the applicant and the address of the applicant as filled in the application for trademark registration; if the application for trademark registration is entrusted to a trademark agency, the Trademark Office will send the Notice of Receipt of Trademark Registration Certificate to the trademark agency by post.
6, the trademark is still unregistered after the application is filed but not yet approved for registration, and must still be used as an unregistered trademark. If the use of the trademark infringes the exclusive right to use the trademark of others, it does not affect the investigation and punishment of the relevant administrative authorities for industry and commerce.
7. If the applicant needs to make a trademark inquiry, he can go to the inquiry window of the Trademark Registration Hall before the application, or log in to the "China Trademark Network" to make an inquiry. The prior rights information provided by the query is only for the reference of the searcher, and the receiving window of the Trademark Registration Hall is not responsible for the interpretation.
8, the registered trademark is valid for 10 years from the date of approval of registration. Registered trademark expires need to continue to use, the registrant shall apply for renewal of registration within six months before the expiration date. If the registrant fails to apply for renewal within this period, he may apply for renewal within the grace period of 6 months after the expiration date, but he has to pay the late fee for renewal of registration. If no renewal application is filed after the expiration of the grace period, the Trademark Office will cancel the registered trademark, and if the original registrant wants to continue to have the exclusive right to use the trademark, he or she must file a new application for registration.
9, a natural person for trademark registration application notes
In accordance with the provisions of Article 4 of the Trademark Law of the People's Republic of China, engaged in the production, manufacturing, processing, picking, distribution of goods or the provision of services to natural persons, the need to obtain the exclusive right to a trademark, the Trademark Office shall apply for trademark registration. In the name of a natural person for trademark registration, transfer and other applications, in addition to the relevant provisions of the application for trademark registration, trademark drawings and other materials, should also pay attention to the following matters:
(1) individual businessmen can be registered in the name of its "individual business license" as the name of the applicant to file an application for trademark registration, but also in the name of the person in charge of the license to file an application for trademark registration. Application. In the name of the person in charge of the application should be submitted to a copy of the following materials:
1) the person in charge of the identity card;
② business license.
(2) individual partnership can be registered in its "business license" or the name of the relevant competent authorities registered documents registered as the applicant's name to file a trademark application, but also in the name of all the partners **** with the application for registration of trademarks. In the name of all partners * * * with the application should be submitted to a copy of the following materials:
① person in charge of the identity card;
② business license;
③ partnership agreement.
(3) rural contractors can be in the name of the contracting parties to the contract to file an application for trademark registration, the application should be submitted to a copy of the following materials:
① contracting parties identity card;
② contract.
(4) other natural persons permitted by law to engage in business activities, may be in the name of the operator in the registration documents issued by the relevant administrative organs to file an application for trademark registration, the application shall be submitted to a copy of the following materials:
① operator's identity card;
② registration documents issued by the relevant administrative organs.
(5) The scope of goods and services for which a natural person files an application for trademark registration shall be limited to the scope of business approved by the natural person in the business license or the relevant registration documents, or the agricultural and sideline products under his own management.
(6) The Trademark Office shall not accept and notify the applicant in writing of any application for trademark registration which does not comply with the provisions of Article 4 of the Trademark Law.
If the applicant provides false materials to obtain trademark registration, the Trademark Office shall revoke the registered trademark.
(7) for the transfer of trademark applications, the transferee is a natural person, shall refer to the above matters.
X. Special Declaration
(1) The above is not an official document issued by the State Administration for Industry and Commerce or the Trademark Office of the State Administration for Industry and Commerce, therefore, all the contents are guiding and not legally binding.
(2) The above contents were revised in February 2007, if there is any change in the future, or if there is any inconsistency with the requirements of the receptionist of the Trademark Registration Hall in the process, the requirements of the receptionist shall prevail.
2. Guidelines for Patent Application
3. New products and technologies should be patented in a timely manner to prevent others from imitating them.
Missing H from memory