How much is the trademark registration fee (for reference only)
The registration fee is charged by category and quantity, and the fee for each trademark in each category is:
1900 yuan (ten-year validity period, including ten-year fees, domestic companies or individuals, including 1000 national fees and 900 agency fees).
3,000 yuan (ten-year validity period, including ten-year fees, foreign enterprises or individuals, including 1 0,000 national fees and 2,000 agency fees).
Trademark registration process
Trademark registration process I. Formal review
After formal examination, if the application procedures are complete and the application documents are filled in accordance with the regulations, the Trademark Office will issue a notice of acceptance.
If the application procedures are incomplete or the application documents are not filled in as required, a notice of rejection shall be issued and returned, and the application date shall not be retained.
If the application procedures are basically complete or the application documents basically meet the requirements, but need to be corrected, the Trademark Office will issue the Notice of Correction of Trademark Registration Application. If the applicant makes corrections within the time limit and returns them to the Trademark Office, the date of application shall be kept; If it is not corrected or corrected within the time limit, the Trademark Office will issue a notice of rejection and return it, and the application date will not be retained.
Trademark registration process II. Substantive inspection
Trademark applications enter substantive examination after passing formal examination. After substantive examination, the Trademark Office shall preliminarily examine and approve the trademark application that meets the relevant provisions of the Trademark Law and make an announcement.
If the application is rejected, a notice of rejection shall be issued to the applicant.
If the Trademark Office considers that the contents of the application for trademark registration can be modified, it shall issue an examination opinion. If the applicant gives a reply within the time limit, the Trademark Office will continue the examination.
A trademark that has been preliminarily examined and approved shall be announced by the China Trademark Office in the Trademark Announcement.
Within three months from the date of announcement, anyone may raise an objection to the trademark preliminarily approved by the China Trademark Office.
If it is ruled that there is no objection or the objection is untenable, the China Trademark Office will approve the registration, issue a trademark registration certificate, and make an announcement in the Trademark Announcement; If the objection is established, the registration shall not be approved.
Review request
In the process of trademark registration, if the applicant is not satisfied with the rejection of the trademark registration application by the Trademark Office, he may request a reexamination to the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board shall make a final decision on approval or disapproval of registration and notify the applicant in writing. If a party refuses to accept the objection ruling of the Trademark Office, he may request a review to the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board shall make a final decision and notify the parties in writing.
What is the principle of prior trademark application?
The principle of first application means that if two or more applicants apply for registration with the same or similar trademarks on the same or similar goods, the Trademark Office accepts the first application for trademark registration and rejects the latter application for trademark registration. China's Trademark Law stipulates that if two or more applicants apply for registration with the same or similar trademarks on the same or similar goods, the trademark applied for earlier shall be preliminarily examined and announced, and the trademark applied for later shall be rejected. Where two or more identical or similar trademarks are applied for the same or similar goods within one day, the State Trademark Office shall notify the applicant to submit a valid certificate of the actual use date of the trademark within 30 days, and preliminarily examine and approve the use of the earlier trademark. Where a trademark is used or not used on the day of application, the Trademark Office shall notify the applicant to negotiate on its own. After negotiation, the negotiation result shall be submitted to the Trademark Office in writing within 30 days. If no agreement can be reached within 30 days, the applicant shall draw lots or make a ruling under the auspices of the Trademark Office.
Who can apply for the cancellation of a trademark?
According to paragraph 1 of Article 46 of the Regulations for the Implementation of the Trademark Law, if a trademark registrant applies to cancel its registered trademark or register its trademark on a designated commodity, it shall submit an Application for Trademark Cancellation to the Trademark Office and return the original Trademark Registration Certificate. Therefore, the trademark registrant can apply for cancellation on his own. According to paragraph 1 of Article 47 of the Regulations for the Implementation of the Trademark Law, if the registered trademark has not gone through the transfer formalities since the date of death or termination of the trademark registrant 1 year, anyone may apply to the Trademark Office for cancellation of the registered trademark. To apply for cancellation, evidence of the death or termination of the trademark registrant shall be submitted. In addition, if a registered trademark fails to apply for renewal after the expiration of the renewal period, the Trademark Office will revoke its trademark registration according to law.
What trademarks can be registered?
The trademark applied for registration shall be distinctive, and prohibited words and graphics shall not be used.
Article 9 of the Trademark Law stipulates that a trademark applied for registration shall have distinctive features and be easy to identify? . The requirement that a trademark must have distinctive features is determined by its identification function. When a trademark is used in the market, consumers should clearly know that it is a trademark, not a decoration or explanation. Therefore, trademarks must have distinctive features and be easy to identify.
Except for distinctiveness, according to Articles 10 and 11 of the Trademark Law, a trademark may not use the following words and figures:
(1) It is forbidden to use the same or similar trademarks as the national name, national flag, national emblem, military flag and medal of People's Republic of China (PRC).
(2) It is forbidden to use trademarks that are identical with or similar to foreign names, national flags, national emblems and military flags. Except those agreed by the government.
(3) identical with or similar to the name, flag or emblem of an intergovernmental international organization. Except with the consent of the organization or not easy to mislead the public.
(4) identical with or similar to the official mark or inspection mark indicating the implementation of control and guarantee. Except those authorized.
(5) the same? Red Cross? 、? Red moon? Logo and name are the same or similar.
(6) the common name and figure of the commodity. The generic name of this commodity refers to the name of a certain kind of commodity commonly used in a certain range. It is forbidden to use the common name and figure of a commodity as the trademark of the commodity, on the one hand, because it cannot distinguish different operators and is not significant; On the other hand, it is to prevent generic names and graphics from being monopolized unfairly. However, this name or figure can be approved if it is combined with prominent signs to apply for registration.
(seven) directly indicating the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods. Words or graphics that directly indicate the quality, main raw materials, functions, uses, weight and quantity of goods or services are descriptive words or graphics commonly used by operators in their goods or services, which belong to the category of * * * *, and exclusive monopoly should be prohibited. If the words or graphics of a trademark indirectly describe or only imply the quality of the goods or services it uses, or other parts of the trademark are significant, it can be registered.
(8) ethnic discrimination.
(9) exaggerating propaganda is deceptive. The words, graphics or their combination of trademarks exaggerate and publicize the quality, main raw materials, functions, uses, weight and quantity of the goods and services used by them, which are deceptive and are prohibited from being used as trademarks. But those who exaggerate but are not deceptive are not subject to this restriction.
(10) is harmful to socialist morality or has other adverse effects. Any behavior that violates social public interests and public order and socialist morality is prohibited by this clause.
(1 1) The geographical names of administrative divisions at or above the county level or foreign geographical names known to the public shall not be used as trademarks, except that the geographical names have other meaning or are part of collective trademarks or certification trademarks.
Geographical name trademarks are easily regarded as indicating that goods and services come from a certain place, lacking the function of distinguishing different operators and not suitable for monopoly. Therefore, it is one of the international practices to prohibit the use of place names as trademarks.
In addition to the above, the Trademark Law also requires that the trademark applied for registration shall not infringe upon other people's prior rights such as copyright and patent right of design, and shall not copy or imitate other people's well-known trademarks.
Trademark registration process and fees
trade mark registration