What is the trademark registration fee in Hainan (for reference only)? The registration fee is charged by category and quantity. The cost of 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).
What materials does Hainan need to submit to apply for a registered trademark? To apply for the recognition of famous trademarks, the applicant shall fill in the Application Form for the Recognition of Famous Trademarks in Hainan Province and provide the following materials:
1, the subject qualification certificate of the trademark owner (company business license);
2, apply for a trademark registration certificate and a copy of the certificate of change, renewal and transfer;
3. Photos or instructions with trademark marks;
4. The main economic indicators such as annual sales, operating income, net profit and tax payment of the goods using the trademark in the past three years (copies of financial statements or other statements of each year should be provided and stamped with the special financial seal of the applicant, in which tax payment must be confirmed by the relevant tax authorities, and the ranking certificate of the same industry issued separately by industry associations or industry management departments at or above the provincial level);
5, the use of the trademark of the goods in the past three years of advertising;
6, in the domestic and foreign sales or business use of the trademark goods;
7. Infringement of the exclusive right to use a trademark;
8. Other documents that need to be submitted when applying for the recognition of famous trademarks.
What are the requirements for Hainan to apply for a registered trademark? 1. The applicant must be the owner of the application for trademark recognition, a natural person, a legal person and other organizations in this province;
2. The trademark has been continuously used for three years since the date of approval and registration, and it remains valid without any dispute over ownership;
3. The trademark is well known to the relevant public and enjoys a high reputation in the relevant market;
4. The main economic indicators such as annual sales, operating income, net profit and tax of the goods approved to use the trademark in the past three years are leading in the same industry in this province;
5. The applicant has a good reputation, a perfect trademark management institution and trademark management system, and no illegal acts in the past three years;
6. If the goods approved for the use of the trademark are export goods, the trademark shall be registered in the relevant countries or regions and have a wide sales area.
Hainan trademark registration process Detailed process of registered trademarks 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 are the characteristics of the exclusive right to use trademarks in Hainan? According to the first paragraph of Article 3 of the Trademark Law? A trademark approved and registered by the Trademark Office is a registered trademark; Trademark registrants enjoy the exclusive right to use trademarks and are protected by law. ? It is stipulated that the trademark owner enjoys the exclusive right to use a trademark granted by national laws, and the exclusive right to use a trademark has the following legal characteristics:
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's 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.
What are the benefits of word mark? General trademarks can contain words and patterns. But we suggest that when you apply for a registered trademark, you'd better focus on words. This is because:
When applying for a registered trademark, it is mainly to inquire about existing trademarks (registered and unregistered). It is difficult to judge whether your trademark pattern is the same or similar to the existing trademark pattern. There is no doubt that adding trademark patterns to trademark registration greatly improves the probability of rejection of registered trademark applications. At the same time, even if your application is approved, the possibility of others suing you for trademark infringement will greatly increase in the future. For example, McDonald's has successfully prevented other trademarks from using gold bow patterns similar to its trademarks in court several times. This means that the owners of these trademarks must give up their current registered trademarks, redesign and apply for new registered trademarks;
One of the most important criteria to judge whether a trademark is similar is to see whether its words are similar to those in other trademarks. If you successfully register a word mark, you have actually deprived others of the right to use the same name to promote their products or services, no matter how different their trademarks are from yours. This has actually achieved the purpose of your trademark registration;
Except for a few trademarks with huge investment and special design, it is generally difficult for people to remember the pattern of a trademark and establish the connection between the trademark pattern and the product or service on this basis. What your customers can remember is the literal content of your trademark. Registering in word mark can get twice the result with half the effort;
When using a registered trademark in the future, you can use the registered trademark (with logo) together with the unregistered trademark. Intuitively, this is not much different from registering a trademark pattern with words.
And another advantage of this is that if you need to modify the trademark pattern in the future, you don't need to apply for a new trademark. History has proved that the frequency of trademark pattern modification is much greater than that of trademark text modification.
Of course, if the logo you designed is really different and has great market value, you should include it when you apply for trademark registration. Another feasible method is to register the design trademark separately from word mark. In this way, even if the registration of the design trademark is rejected, or the design trademark is challenged by others' trademark infringement in the future, it will not affect your registered word mark.
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