(1) An individual applying for trademark registration shall submit the following application documents:
1. Application for trademark registration signed by the applicant.
2. Six trademark designs (1 on the back of the application, five submitted), with clear patterns, and the length and width of specifications shall be not less than 5 cm and not more than 10 cm. If a color is specified, paste a color swatch, cross color 5, and attach a 1 black and white pattern.
3. Submit a power of attorney for trademark agency (not necessary if you handle it yourself).
4. Copy of ID card and business license of individual industrial and commercial households.
(2) To apply for trademark registration in the name of a legal person or other organization, the following application documents shall be submitted:
1. Application for trademark registration with the official seal of the applicant.
2.6 trademark patterns (1 on the back of the application, 5 at the time of submission) shall be clear, and the specifications shall be not less than 5 cm in length and width, and not more than 10 cm. If a color is specified, paste 1 color pattern, cross 5 color patterns, and attach 1 black and white pattern.
3. A copy of the applicant's main qualification certificate (usually a copy of the business license, and note that it is a copy rather than the original).
4. Trademark agency power of attorney stamped with the official seal of the applicant.
5. If the trademark applied for registration is a portrait of a person, it shall be accompanied by a notarized statement that the portrait owner agrees to use the portrait as a trademark registration.
The process from trademark application to registration
1, registration preparation
Choose the registration method, one is to apply for registration in the Trademark Office of the State Administration for Industry and Commerce; The other is to entrust an experienced trademark agency to organize agency services.
Step 2 prepare materials
Prepare 10 trademark patterns (10 color patterns and 1 1 black-and-white ink draft are required for color trademarks with specified colors), with the length and width not exceeding 10 cm and not less than 5 cm. If the direction of the trademark pattern is not clear, the upper and lower parts should be marked with arrows; If an individual applies, he/she needs to show his/her ID card and submit a copy, plus a copy of his/her business license. The business scope is consistent with the registered trademark; If an enterprise applies, it shall present and submit a copy of its business license; An application for trademark registration stamped with the official seal of the unit.
Step 3 start applying
4. Apply according to the classification of goods and services.
At present, goods and services are divided into 45 categories, including 34 categories of goods and services 1 1. When applying for registration, the category of goods or services using trademarks shall be determined according to the classification in the Classification Table of Goods and Services; Where the same applicant uses the same trademark on different categories of goods, it shall apply for registration according to different categories.
5. Determination of application date
This is the most important point, because China adopts the principle of applying first in trademark registration. Once you have a trademark dispute with other enterprises, the enterprise with the earlier application date will be protected by law. Therefore, it is very important to establish the application date, which is based on the date when the Trademark Office receives the application.
Then there are three procedures: trademark examination, preliminary examination announcement and registration announcement. It should be emphasized that a trademark that has passed the preliminary examination of the Trademark Office can not be registered until three months after the announcement, and the trademark is protected by law. The period of validity of a registered trademark is ten years, counting from the date of approval of registration. A registered trademark that needs to continue to be used after the expiration of the validity period may apply for renewal of registration.
6. Obtain a trademark registration certificate
After a trademark is registered, the Trademark Office issues a certificate to the registrant.
If it is organized by an agent, the agent will send the trademark registration certificate to the registrant; For direct registration, the registrant shall obtain the trademark certificate from the Trademark Office within three months after receiving the Notice of Obtaining the Trademark Registration Certificate. At the same time, he shall also bring with him a letter of introduction for obtaining the trademark registration certificate, the witness's ID card and its photocopy, the original business license and the photocopy stamped by the local industrial and commercial department, the notice of obtaining the Trademark Registration Certificate, and the certificate of change issued by the industrial and commercial department if the name of the trademark registrant changes.