The registered trademark process of Tianjin Free Trade Zone Company
Information required for trademark registration
1. If applying for registration in the name of an enterprise, it shall provide a copy of its business license and affix its official seal to it;
2. To apply for registration in the name of an individual, provide a copy of 1 personal ID card and a copy of the business license of individual industrial and commercial households, which shall be stamped with the official seal;
3. Provide trademark words or patterns, and if color protection is needed, color patterns are also needed;
4. The goods/services to be registered can be filled in according to the goods or services operated by the applicant, with reference to the ninth edition of the International Classification of Goods and Services for Trademark Registration (Nice Classification) and the similar classification of goods and services revised by the Trademark Office according to the above international classification;
5. Provide a power of attorney for trademark agency with official seal or signature, which can be downloaded from this website; In particular, the address in the trademark power of attorney should be exactly the same as the registered address in the business license.
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.
Trademark registration must guard against risks.
First, there is a blind spot in trademark inquiry.
As we all know, the trademark that an enterprise or individual applies for registration cannot be the same as or similar to the trademark registered or preliminarily approved by others on the same or similar goods, otherwise, the trademark registration application will be rejected by the Trademark Office and it will be impossible to apply. Therefore, before filing an application for trademark registration with the Trademark Office, applicants often inquire whether the trademarks they want to register are the same or similar in various ways, thus ensuring a high probability of trademark success to a certain extent. However, many applicants don't know that it doesn't mean that 100% is different or similar even if it is queried on the website of the Trademark Office. Is this because there are trademark doubts? Blind period? problem The blind period of trademark inquiry is generally 3 ~ 6 months. The blind area of trademark inquiry leads to the incompleteness and lag of the prior trademark information, and no one can inquire about the prior trademark information in the blind area, so the trademark that an enterprise or individual applies for registration may have the same or similar risks as the prior trademark in the blind area.
Second, approximate judgment is subjective.
Whether a trademark is similar or not plays a decisive role in the success of trademark registration, but whether a trademark is similar or not can not be judged by machines or procedures, but is decided by the examiner of the Trademark Office independently according to the trademark examination criteria and related standards. Because different examiners have certain differences in specialty, knowledge, work experience and sense of responsibility, the approximate judgment of a trademark is bound to be influenced by the examiner's subjective factors.
In addition, different types of trademark registration involve different characteristics of industries, goods and services, so the examiners of each category have different grasp of the examination standards. The Trademark Office will temporarily deploy some examiners to support other categories with excessive backlog of documents according to the situation, which will lead to different examination standards to a certain extent, thus affecting the success rate of trademark registration.
Third, pay attention to the risk of dissent during the announcement.
During the three-month announcement period, the prior obligee or interested party may raise objections due to the protection of well-known trademarks, registered trademarks, similar trademarks, prior applications, etc. In addition, because the trademark does not have obvious characteristics, anyone can raise an objection to the trademark office.
Once a trademark is questioned, it will enter a long objection procedure. After receiving the objection, the Trademark Office will let the applicant reply, and then make a ruling on whether to approve or not based on the comprehensive materials. If the Trademark Office refuses to accept the ruling on the objection, it may further review the trademark objection until the court proceedings.
Trademark objection is the right given to citizens and enterprises by law, and anyone who has basic subject qualifications and legitimate reasons can raise objections. Therefore, in addition to protecting their legitimate interests, trademark opposition may also be a means of malicious competition by competitors. At this time, the risk of objection during the announcement period is also very large.
Three principles of trademark registration
1, classification application principle
An application is limited to one trademark. Where an application for the same trademark is filed on different categories of goods, an application for registration shall be filed in accordance with the commodity classification table;
Where it is used on other commodities of the same category, a separate application for registration shall be filed.
2. The principle of prohibiting malicious cybersquatting
The trademark applicant shall not damage the existing prior rights of others, and shall not rob others of the trademarks that have been used and influenced by improper means.
3. The principle of applying first
(1) Apply first and use first as compensation.
When the applicant conflicts with the same trademark, the principle is to apply first, then compensate, and then use first.
If the application is filed on different dates, the earlier application will be published;
If the application is made on the same day, preliminary examination and approval will be made and the application will be announced in advance;
If it is used or not used on the same day, draw lots to determine an applicant;
Those who have notified but did not participate in the lottery shall be deemed to have given up their application, and the Trademark Office shall notify them in writing.
The date of application for trademark registration is the date when the Trademark Office receives the application documents.
(2) Determination of priority.
If an applicant applies for trademark registration in China for the same commodity with the same trademark within six months from the date of the first application for registration of its trademark in a foreign country, or from the date of the first use of the trademark in a national exhibition sponsored and recognized by the China government, he may enjoy the priority according to the agreement signed by the foreign country and China, the international treaties to which both countries are parties or the principle of mutual recognition.
Where priority is claimed, a written statement shall be made when filing an application for trademark registration, and a copy of the first application for trademark registration shall be submitted within three months; Failing to submit a written statement or a copy of the trademark registration application documents within the time limit shall be deemed as not claiming priority.
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How to apply for trademark registration
Where a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for goods or services produced, manufactured, processed, selected or distributed, it shall file an application for trademark registration with the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) according to law. In a narrow sense, the application for trademark registration only refers to the application for trademark registration of goods and services, the application for international trademark registration, the application for certification trademark registration, the application for collective trademark registration and the application for special symbol registration. The application for trademark registration in a broad sense includes not only the contents of the application for trademark registration in a narrow sense, but also the application for alteration, renewal, transfer registration, objection application, filing application for trademark license contract and other trademark registration matters.
There are two ways for domestic applicants to handle various trademark registration matters:
First, go directly to the Trademark Office;
The second is to entrust a nationally recognized trademark agency to act as an agent.
The Trademark Office handles trademark registration.
Applicants can follow the following steps:
Get the trademark query table from the query window? Fill in the trademark inquiry form? Draw a price in the query window? Pay the trademark inquiry fee at the charging window? Return the trademark query table to the query window? Get the query results in the query window.
Specific requirements for filling in the trademark inquiry form:
1. When filling in the trademark inquiry form, the words must be correct, standardized and clear, and the letters should be capitalized.
2. A Trademark Inquiry Form is limited to one word mark and one commodity or service with a category less than 10.
3、? Goods or services? Columns must be filled in strictly in accordance with the standard names in the classification table of similar goods and services, and the group names of commodity classification shall not be filled in.
Trademark inquiry charging standard
Query type query method Chinese trademark (or number) English trademark (or prefix)
Express inquiry trademark1200 yuan, 20 yuan.
Ordinary query trademark 60 yuan 100 yuan.
Collection of query results
Inquirers receive trademark query results in the query window with invoices.
Time limit for trademark inquiry
Emergency inquiry: four working hours.
General investigation: three working days
Post-trademark application inquiry refers to the inquiry that the trademark applicant or his agent applies for trademark processing to the Trademark Office one and a half years after the date of submitting the application for registration, or six months after the date of submitting the application for change, renewal, transfer or replacement.
After the trademark applied for registration is approved for registration, the Trademark Office will issue a trademark registration certificate to the trademark registrant. The Trademark Registration Certificate is a formal legal document for trademark registrants to enjoy their exclusive right to use their trademarks.
(The above information is for reference only, and the actual registration is subject to the Trademark Office. )
Entrust a nationally recognized trademark agency to act as an agent:
You only need to provide information according to the requirements of the agent. If you plan to build a business website for an enterprise, you should pay more attention to the VI design of the website. If the enterprise itself has a unified CI design, then the VI design of the website should follow its CI design. Of course, the premise is that you must have a suitable CI design. According to our experience, quite a few CI designs are not suitable for the visual design of websites, which greatly restricts the design of websites. Therefore, it is necessary for enterprises to listen to the opinions of professional web page producers even if they intend to touch the net temporarily when formulating CI design.
Finding a professional and reliable design consulting company can get twice the result with half the effort! A good VI design can actually be developed by logo design, color or standard font already specified in CI design. Especially in the color part, the right colors can often complement each other. In addition, the design change of the consistency of the logo itself is also a change. In short, all practices must be able to develop a set of designs with more brand image, and the overall characteristics of the website can be fully integrated into the minds of visitors. A VI design that can make visitors remember and attract visitors back is a successful website VI design.
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