Trademark registration process 1. 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.
Notes on trademark registration application (1) The trademark application enters the substantive examination procedure after passing the formal examination; If it does not conform to the formal examination, the Trademark Office shall send a notice of correction or acceptance to the agent or applicant, basically accepting the application date and application number, and enter the substantive examination procedure after the correction is qualified.
(2) After the trademark application has passed the substantive examination, it will enter the preliminary examination and approval announcement procedure; If it fails to pass the substantive examination, the Trademark Office will reject the trademark application or request modification, and then enter the preliminary examination and approval announcement after the modification is qualified.
(three) within three months from the date of the announcement of the preliminary examination and approval of the trademark, if no objection is raised or it is ruled that the objection cannot be established, it will enter the approval and registration announcement and certification procedures; If the objection is ruled, the Trademark Office will reject the trademark application.
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 approved, 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.
What are the characteristics of trademarks? 1, exclusivity, also known as exclusivity or monopoly, means that a trademark registrant enjoys the exclusive right to use its registered trademark. The basic purpose of granting the exclusive right to the owner of a registered trademark is to establish a fixed relationship between a specific trademark and a specific commodity through registration, so as to ensure that consumers can avoid confusion and obtain accurate information on the source of the commodity. In other words, all unauthorized commercial use will constitute an infringement of the exclusive right to use a trademark. This exclusive right is manifested in three aspects:
(1) A trademark registrant has the right to use its registered trademark in accordance with the relevant provisions of the Trademark Law on the commodities, commodity packaging or services and service facilities that it has approved for use, and no one else may interfere;
(2) Without the permission of others, the trademark registrant has the right to prohibit others from using the same or similar trademarks on the same or similar goods;
(3) A trademark registrant has the right to license others to use its registered trademark or transfer its registered trademark to others. Such license or transfer shall comply with the law and perform certain legal procedures.
2, timeliness, refers to the effective period of the exclusive right to use a trademark. During the period of validity, the exclusive right to use a trademark is protected by law. If it is not renewed after the period of validity, it will no longer be protected by law. Trademark laws in various countries generally stipulate the protection period of the exclusive right to use a trademark. Some countries set a longer time limit, while others set a shorter time limit, ranging from 20 to 7 years, mostly 10 years. China's Trademark Law stipulates that the exclusive right to use a trademark is valid for ten years. Article 38 of the Trademark Law stipulates that if a registered trademark needs to be used continuously after its expiration, it shall apply for renewal of registration within six months before its expiration. If the application is not submitted within the time limit, it may be extended for six months. If no application is made at the expiration of the exhibition period, its registered trademark shall be cancelled. Each renewal of registration is valid for ten years. After the renewal of registration is approved, it shall be announced. ?
3. Regionality means that the protection of the exclusive right to use a trademark is limited by geographical scope. The exclusive right to use a registered trademark only enjoys legal protection in the country where the trademark is registered, and the non-registered country has no obligation to protect it. If a trademark registered in China wants to obtain the exclusive right to use a trademark and be protected by law in other countries, it must be registered in these countries respectively, or apply for territorial extension in the member countries of the agreement through international intellectual property treaties such as the Madrid Agreement.
4. The exclusive right to use property and trademark is an intangible property right. The whole of the exclusive right to use a trademark is an intellectual achievement, which embodies the painstaking efforts and labor of the obligee. Intellectual achievement is different from tangible material wealth. Although it needs to be expressed by some kind of carrier, the carrier itself does not have much economic value, and only the intellectual achievements contained in the carrier can reflect great economic value. Like what? Coca cola? Trademark? Quanjude? Trademark, etc. , the carrier of its trademark: coke, roast duck, etc. It is not something expensive, but its trademark itself has extremely high economic value. Coca cola? After evaluation, the value of the trademark reached more than 70 billion dollars, and? Quanjude? As a national brand in China, its estimated value in 2005 was RMB 6543.8+00634 billion. Through the evaluation of trademark value, these trademarks can be used as intangible assets to become part of the enterprise's capital contribution.
5. Category: The Trademark Office of the State Administration for Industry and Commerce examines and approves the categories and commodity (service) project names approved in the trademark registration application submitted by the trademark registration applicant. The scope of protection of registered trademarks is limited to approved categories and projects. The Classification Table of Similar Goods and Services formulated by the State Trademark Office is based on the International Classification of Goods and Services with Registered Trademarks provided by the World Intellectual Property Organization, which divides goods and services into 45 categories. Only one trademark owner is allowed to own the same or similar trademarks in the same or similar categories and goods (services) projects, and different trademark owners are allowed to enjoy the same or similar trademarks in different or similar categories. Such as: a is the clothing and other items registered in category 25? Chamonix logo, b is still ok? Chamonix is a trademark registered on 16 paper products.
Deal with trademark registration
trade mark registration