The specific process of trademark registration in China:
Inquiries before registration;
Submit an application to the Trademark Office;
Accept the application about one month after submission;
You can check it on the website of the Trademark Office about five months after submitting the application.
The review ends 9 to 12 months after the application is submitted;
Get the certificate from 12 to 15 months after submitting the application.
Trademark registration is the premise and condition for trademark users to obtain the exclusive right to use trademarks. Only registered trademarks are protected by law. The principle of trademark registration is the basic standard to determine the exclusive right to use a trademark. The choice of different registration principles is the result of weighing the relationship between legal certainty and legal fairness on this issue.
Why do you want to register a trademark?
Simply put, a trademark is the brand of a commodity, and it is a sign used by producers and operators of commodities to distinguish the commodities they produce and operate from those produced and operated by other producers and operators of commodities. This sign usually consists of words, graphics or a combination of words and graphics.
The familiar "Maotai" trademark is the Mercedes-Benz trademark of word mark Mercedes-Benz (a triangular outer ring) and a graphic trademark; Phoenix Bicycle Factory's "Phoenix" trademark is a combination of the words "Phoenix" and the graphics of the phoenix bird, that is, the combination of words and graphics.
Trademark registration refers to the legal fact that a trademark user applies to the State Trademark Office (the Trademark Office of the State Administration for Industry and Commerce) for the registration of the trademark he uses in accordance with the conditions and procedures prescribed by law, and the registration is approved by the State Trademark Office according to law. In China, trademark registration is the premise of trademark protection and the legal basis for determining the exclusive right to use a trademark. Once a trademark user is approved for trademark registration, it means that he has obtained the exclusive right to use the trademark and is protected by law.
The trademark used by the enterprise is not registered, and the most fatal weakness is that the trademark user does not enjoy the exclusive right to use the trademark. That is to say, if you use this trademark, others can use it, which affects the basic function of a trademark to indicate the source of goods, and also leads to a great discount on the role of a trademark in representing the quality and reputation of a certain commodity. For example, the "Blue Sky" brand rice cooker produced by enterprise A is inexpensive and very popular with consumers. However, the "Blue Sky" trademark is not registered, so some other manufacturers think that this kind of pot can sell well and the price is good, so they put the "Blue Sky" trademark on their own rice cookers for sale. As a result, the market sales of enterprise A declined rapidly, and the reputation of the "Blue Sky" trademark plummeted. Many consumers even require enterprises to return or compensate for economic losses with the "Blue Sky" brand rice cookers produced by other enterprises. Although this situation is unexpected in enterprise A, it should be expected. Enterprise A requests the trademark authority to stop other enterprises from using the "Blue Sky" trademark, but because the trademark is not a registered trademark, enterprise A does not enjoy the exclusive right to use the trademark, and the trademark authority cannot accept the request of enterprise A..
Another weakness of unregistered trademarks is that once someone else registers the trademark first, the first user of the trademark can no longer use the trademark, and this lesson is very profound. According to China's Trademark Law, the original acquisition of the exclusive right to use a trademark can only be achieved through trademark registration, and the application for trademark registration adopts the principle of prior application, that is, whoever applies for registration first will be granted the exclusive right to use a trademark. Therefore, no matter how long the enterprise uses the trademark, if it does not register the trademark, it will grant the exclusive right to use the trademark to others as long as others apply for registration of the trademark.
Another weakness of unregistered trademarks is that unregistered trademarks may be the same as or similar to registered trademarks used in the same or similar goods, thus causing infringement. By the end of 1999, the total number of registered trademarks in China has reached nearly one million. When applying for new trademark registration, the rejection rate of the application is almost 70% without prior inquiry. That is to say, if an unregistered trademark is used, the probability that the trademark is the same as or similar to the registered trademark used on the same or similar goods is 70%. In other words, the use of unregistered trademarks has a 70% possibility of infringement. Because Article 38 of China's Trademark Law stipulates that "using a trademark that is the same as or similar to its registered trademark on the same or similar goods without the permission of a registered trademark is an infringement of the exclusive right to use a registered trademark". Infringement requires the infringer to bear the legal consequences of infringement. Therefore, using unregistered trademarks, no matter what your intention is, there is always the possibility of infringing on the exclusive right of others to register trademarks. Infringement will be punished, economic losses will be compensated, and the production and business activities of enterprises will be affected. For the normal operation of enterprises, for the development of enterprises, and for respecting the exclusive right of others to use registered trademarks, enterprises that use unregistered trademarks shall apply for trademark registration.
Another weakness of unregistered trademarks is that unregistered trademarks cannot form industrial property rights, so they cannot become intangible assets of users. Due to the provisions of China's trademark law, the exclusive right to use registered trademarks is protected by law, while unregistered trademarks are not protected by law, and their users do not enjoy the exclusive right to use trademarks. So strictly speaking, only registered trademarks are the industrial property rights of China, and only registered trademarks can become intangible assets of enterprises.
Function and function The function of trademark registration is to obtain trademark ownership for obligees and enterprises, and to protect brand names and brand marks by law. For an industry, trademark registration maintains the order of industry activities and promotes the development of enterprises and industries.
Trademark registration has many benefits for both enterprises and consumers. For enterprises, trademark registration means that trademark holders are protected by law in order to obtain trademark ownership. Through trademark registration, you can first create a brand and seize the market. As an intangible asset, a trademark has its value, which can be realized by transferring, licensing others or pledging. For consumers, it is convenient to choose products and let consumers recognize brands to shop. For the administrative department, the quality of goods and services is supervised through the management of trademarks. Create necessary conditions for quality inspection, health inspection and bar code through trademarks.
Why do you want to register a trademark?
Simply put, a trademark is the brand of a commodity, and it is a sign used by producers and operators of commodities to distinguish the commodities they produce and operate from those produced and operated by other producers and operators of commodities. This sign usually consists of words, graphics or a combination of words and graphics.
The familiar "Maotai" trademark is the Mercedes-Benz trademark of word mark Mercedes-Benz (a triangular outer ring) and a graphic trademark; Phoenix Bicycle Factory's "Phoenix" trademark is a combination of the words "Phoenix" and the graphics of the phoenix bird, that is, the combination of words and graphics.
Trademark registration refers to the legal fact that a trademark user applies to the State Trademark Office (the Trademark Office of the State Administration for Industry and Commerce) for the registration of the trademark he uses in accordance with the conditions and procedures prescribed by law, and the registration is approved by the State Trademark Office according to law. In China, trademark registration is the premise of trademark protection and the legal basis for determining the exclusive right to use a trademark. Once a trademark user is approved for trademark registration, it means that he has obtained the exclusive right to use the trademark and is protected by law.
The trademark used by the enterprise is not registered, and the most fatal weakness is that the trademark user does not enjoy the exclusive right to use the trademark. That is to say, if you use this trademark, others can use it, which affects the basic function of a trademark to indicate the source of goods, and also leads to a great discount on the role of a trademark in representing the quality and reputation of a certain commodity. For example, the "Blue Sky" brand rice cooker produced by enterprise A is inexpensive and very popular with consumers. However, the "Blue Sky" trademark is not registered, so some other manufacturers think that this kind of pot can sell well and the price is good, so they put the "Blue Sky" trademark on their own rice cookers for sale. As a result, the market sales of enterprise A declined rapidly, and the reputation of the "Blue Sky" trademark plummeted. Many consumers even require enterprises to return or compensate for economic losses with the "Blue Sky" brand rice cookers produced by other enterprises. Although this situation is unexpected in enterprise A, it should be expected. Enterprise A requests the trademark authority to stop other enterprises from using the "Blue Sky" trademark, but because the trademark is not a registered trademark, enterprise A does not enjoy the exclusive right to use the trademark, and the trademark authority cannot accept the request of enterprise A..
Another weakness of unregistered trademarks is that once someone else registers the trademark first, the first user of the trademark can no longer use the trademark, and this lesson is very profound. According to China's Trademark Law, the original acquisition of the exclusive right to use a trademark can only be achieved through trademark registration, and the application for trademark registration adopts the principle of prior application, that is, whoever applies for registration first will be granted the exclusive right to use a trademark. Therefore, no matter how long the enterprise uses the trademark, if it does not register the trademark, it will grant the exclusive right to use the trademark to others as long as others apply for registration of the trademark.
Another weakness of unregistered trademarks is that unregistered trademarks may be the same as or similar to registered trademarks used in the same or similar goods, thus causing infringement. By the end of 1999, the total number of registered trademarks in China has reached nearly one million. When applying for new trademark registration, the rejection rate of the application is almost 70% without prior inquiry. That is to say, if an unregistered trademark is used, the probability that the trademark is the same as or similar to the registered trademark used on the same or similar goods is 70%. In other words, the use of unregistered trademarks has a 70% possibility of infringement. Because Article 38 of China's Trademark Law stipulates that "using a trademark that is the same as or similar to its registered trademark on the same or similar goods without the permission of a registered trademark is an infringement of the exclusive right to use a registered trademark". Infringement requires the infringer to bear the legal consequences of infringement. Therefore, using unregistered trademarks, no matter what your intention is, there is always the possibility of infringing on the exclusive right of others to register trademarks. Infringement will be punished, economic losses will be compensated, and the production and business activities of enterprises will be affected. For the normal operation of enterprises, for the development of enterprises, and for respecting the exclusive right of others to use registered trademarks, enterprises that use unregistered trademarks shall apply for trademark registration.
Another weakness of unregistered trademarks is that unregistered trademarks cannot form industrial property rights, so they cannot become intangible assets of users. Due to the provisions of China's trademark law, the exclusive right to use registered trademarks is protected by law, while unregistered trademarks are not protected by law, and their users do not enjoy the exclusive right to use trademarks. So strictly speaking, only registered trademarks are the industrial property rights of China, and only registered trademarks can become intangible assets of enterprises.
Function and function
The function of trademark registration is to obtain trademark ownership for obligees and enterprises, and to protect brand names and brand marks by law. For an industry, trademark registration maintains the order of industry activities and promotes the development of enterprises and industries.
Trademark registration has many benefits for both enterprises and consumers. For enterprises, trademark registration means that trademark holders are protected by law in order to obtain trademark ownership. Through trademark registration, you can first create a brand and seize the market. As an intangible asset, a trademark has its value, which can be realized by transferring, licensing others or pledging. For consumers, it is convenient to choose products and let consumers recognize brands to shop. For the administrative department, the quality of goods and services is supervised through the management of trademarks. Create necessary conditions for quality inspection, health inspection and bar code through trademarks.