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.
Top right corner of registered trademark? r？ And then what? TM？ According to the revised Detailed Rules for the Implementation of the Trademark Law, there are only three ways to mark a registered trademark, that is, add a note after the registered trademark: a? Registered trademark? Four Chinese characters, b,? Notes? Put a circle outside the word c, r？ Put a circle outside R, except for that, any other marking method is not in compliance with the law. ? Notes? It is a Chinese character, which is obviously not as popular as (r) in the world, so we suggest that (r) is the best symbol.
TM is the abbreviation of trademark. American trademarks are usually marked with TM, which does not necessarily refer to registered trademarks. R is the abbreviation of REGISTER, which means registered trademark when used in trademark. According to the implementation regulations of China's trademark law, the use of registered trademarks can be indicated on commodities, commodity packages, manuals or other accessories? Registered trademark? Or a registration mark. The use of a registered trademark shall be marked in the upper right corner or the lower right corner of the trademark. So TM and R are trademarks of different countries and have no special relationship. Some domestic companies do not understand the legal provisions, blindly imitate American companies, and use TM marks on trademarks.
How to register a brand trademark? (1) Search:
1. Domestic applicants provide trademark registration drawings to the company's agents for new retrieval;
2. Fill in the form and pay the retrieval fee:
3. The search result (65,438+00 days) has no legal effect (no new application in the last 3-6 months can be found). After preliminary screening, the applicant decides whether to apply.
(2) Application for registration:
When applying for a registered trademark, the following documents shall be provided:
1, a copy of the business license of the enterprise (provided by the enterprise or unit), or a copy of the ID card (provided when an individual applies);
2. The trademark pattern applied for is in 10 copies (color 1 1 copy) (length and width are not more than 10cm and not less than 5 cm); Small pattern 1 serving (about 2? 4 cm in size);
3. Sign an entrustment contract with our company and pay the registration fee (official fee and agency fee);
4. The column of the trademark power of attorney is stamped and left blank;
5. The list of goods or services that need to be registered shall copy the standard terms in the International Classification of Trademarks.
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 indicate the quality, main raw materials, functions, uses, weight, quantity and other characteristics 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.
trade mark registration
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