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.
Importance of trademark registration
Trademarks actually play a very important role. Many enterprises may ignore the importance of trademarks, resulting in registered trademarks being registered by other enterprises and becoming the property of others. Some people think that everything will be fine if you register with the industrial and commercial bureau, but in fact, the registration of the company name and the trademark of the goods are two different things and cannot be confused. The company is registered in the industrial and commercial bureau, and the name of a place cannot be the same, but the trademark is different. If you have a company in A, other companies can no longer use the name A, but can use the name B. If both A and B have registered trademarks, it is illegal for A to use B's trademark, and if A uses B's trademark to advertise, it will also be sanctioned by law.
Some people think that our company's products are not big brands, how to register them? This involves the registration of trademarks. In fact, no matter the size of a trademark brand, it will have corresponding brand benefits. If this brand is recognized by everyone, then its chain sales in the whole country and even the world are guaranteed, and everyone can easily accept it.
Are there any famous hot pot brands? Haidilao? This is familiar to everyone. Their staff found it used in a restaurant in Beijing? Fishing in the sea every day? After the publicity, the restaurant was brought to court and was awarded 400,000 yuan. Some businesses make mistakes because they don't know the trademark brand. The above example clearly knows? Haidilao? This brand, and this brand is doing very well, it is illegal to win profits with this brand.
What matters should be paid attention to in trademark registration?
The date of application for trademark registration is the date when the Trademark Office receives the application documents. If the application procedures are complete and the application documents are filled in according to the regulations, the Trademark Office will accept it and notify the applicant in writing; If the application procedures are incomplete or the application documents are not filled in as required, the Trademark Office will not accept the application, and notify the applicant in writing and explain the reasons.
Where the application procedures are basically complete or the application documents basically meet the requirements, but need to be corrected, the Trademark Office shall notify the applicant to make corrections, and limit him to make corrections according to the specified contents and return them to the Trademark Office within 30 days from the date of receiving the notice. If it is corrected and returned to the Trademark Office within the prescribed time limit, the date of application shall be retained; If no correction is made within the time limit, the application shall be deemed to have been abandoned, and the Trademark Office shall notify the applicant in writing.
Where two or more applicants apply for registration of the same or similar trademarks on the same or similar goods at the same time, each applicant shall submit the certificate of prior use of the trademark within 30 days from the date of receiving the notice from the Trademark Office. If it is used or not used on the same day, each applicant may negotiate on his own within 30 days from the date of receiving the notice from the Trademark Office and submit a written agreement to the Trademark Office; Unwilling to negotiate or failing to negotiate, the Trademark Office shall notify all applicants to draw lots to determine one applicant and reject the registration applications of others. If the Trademark Office has notified the applicant but did not participate in the lottery, it shall be deemed as giving up the application, and the Trademark Office shall notify the applicant who did not participate in the lottery in writing.
Where priority is claimed in accordance with Article 24 of the Trademark Law, the copy of the first application for trademark registration submitted by the applicant shall be certified by the trademark authority that accepted the application, and the date and number of application shall be indicated.
Where priority is claimed in accordance with Article 25 of the Trademark Law, the certification documents submitted by the applicant shall be certified by the institution designated by the administrative department for industry and commerce of the State Council; An international exhibition showing their goods was held in China.
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Materials to be provided for trademark transfer
1. Power of attorney: If a trademark agency is entrusted to act as an agent, a power of attorney stamped with the transferee's seal shall be provided. To apply for trademark assignment in China, the transferee outside the mainland must entrust a trademark agency to handle it.
2. Application for assignment of a registered trademark: Where an agency is entrusted to apply for assignment of a trademark, it shall be put forward by the agency and sealed or signed by both the assignor and the assignee.
3. A copy of the transferee's business license or certification documents of institutions, associations and other organizations with legal personality. The transferee is from outside the mainland, so these documents are not needed.
4. Special certification materials:
1) When the transferor uses the registered trademarks of medicines, medical nutritious foods, medical nutritious drinks and baby foods for transfer, the transferee shall provide the certification documents of the health administrative department, namely the License for Pharmaceutical Manufacturing Enterprises or the License for Pharmaceutical Trading Enterprises. If the above two certificates are not obtained, the transferee shall provide the approval documents for the establishment of pharmaceutical manufacturing or trading enterprises issued by the health administrative department; Where the transferor uses the trademark of disinfectant, the transferee shall provide the certificate from the health and epidemic prevention department.
2) Where the trademark of cigarettes, cigars and packaged cut tobacco is transferred, the transferee shall provide the certification documents approved by the national tobacco authorities for production. Applicants outside the mainland do not need these documents.
3) If the enterprise fails to handle the transfer formalities in time due to merger, division or merger, and the seal is invalid, the transferor's seal may not be affixed, but a valid certificate from the transferor's competent department or a certificate from the local administrative department for industry and commerce must be provided.
The above is the Ningbo trademark registration process provided by Bian Xiao. I hope it will help you.
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