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 should I pay attention to when applying for brand trademark registration?
(1) The following words and figures shall not be used in a trademark: (Article 8 of the Trademark Law 1-9)
1, which is the same as or similar to the name, national flag, national emblem, military flag and medal of People's Republic of China (PRC);
2. It is identical with or similar to a foreign name, national flag, national emblem, military flag or medal;
3. the same? Red Cross? 、? Red moon? The logo and name are the same or similar;
4. It is identical with or similar to the flag, emblem and name of an intergovernmental international organization;
5. General name and graphics of this product;
6. Directly indicating the quality, main raw materials, function, use, weight and quantity of the goods;
7. Ethnic discrimination;
8. Exaggerated propaganda and deception;
9, harmful to socialist morality or have other adverse effects.
(2) To apply for trademark registration, the category and name of the goods using the trademark shall be reported in accordance with the prescribed commodity classification table. Where the same applicant uses the same trademark on different kinds of goods, it shall apply for registration according to the classification table of goods; Where a registered trademark needs to be used on other goods of the same class, a separate application for registration shall be filed; Where a registered trademark needs to change its words or graphics, it shall re-apply for registration; Where a registered trademark needs to change the name, address or other registered items of the registrant, an application for change shall be filed.
(3) The protection period of a registered trademark is 10 year, counting from the date of approval of registration;
(4) According to the provisions of the Trademark Law, when registering a pharmaceutical trademark, the applicant shall attach a certificate issued by the health administrative department;
(five) to apply for trademark registration of cigarettes, cigars and packaged cut tobacco, a certificate of approval of production by the state tobacco authorities shall be attached;
(6) To apply for other commodities whose trademarks are required to be registered as stipulated by the state, the approval documents of the relevant competent departments of the state shall be attached.
Datong trademark registration
trade mark registration