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.
What information do you need to apply for trademark registration? An application for trademark registration and other documents shall be submitted to the Trademark Office. The specific requirements are:
1. The applicant must submit an application for trademark registration in accordance with the principle of one trademark application for one commodity. In other words, the goods or services declared by an application can only be limited to one category in the international classification of goods and services registered by trademarks. Where a trademark agency is entrusted to handle the matter on its behalf, a copy of the power of attorney for trademark agency shall also be submitted.
2. The application for trademark registration shall be filled in neatly, and the name and address of the applicant shall be accurate.
3. Each application shall be accompanied by 10 color trademark with trademark pattern (specified color), 10 color pattern and 1 black and white ink manuscript).
4. If you produce a copy of the business license of the enterprise or provide a copy of the business license signed by the issuing authority and apply for a registered trademark in the name of a natural person, you shall provide the corresponding identity documents.
5. The application documents shall be in Chinese, and the foreign language documents shall be accompanied by Chinese translation.
6. Where a portrait of a person is used as a trademark to apply for registration, the applicant must provide a power of attorney from the owner of the portrait, which shall be notarized by a notary office.
7. Where a foreign applicant claims priority, the country, date and application number of the initial application shall be filled in the application form, and the documents claiming priority shall be submitted to the Trademark Office within 3 months. If it is not submitted within the time limit, it shall be deemed that priority has not been claimed.
8. To apply for the registration of a collective trademark or a certification trademark, it is also necessary to provide corresponding articles of association and subject qualification certificates.
Can the enterprise name be registered as a trademark? China allows the registration of enterprise names as trademarks.
According to the spirit of China's trademark law, enterprise names can be registered as trademarks. However, when the applicant uses the enterprise name as a trademark, the enterprise name must contain a significant part, and the enterprise name applied for as a trademark should be exactly the same as the name registered in the applicant's business license.
In the application for registration, the applicant may not indicate the waiver of exclusive rights in the non-significant part of the application. Because these signs of administrative divisions, industries and enterprise organization forms cannot be used exclusively by a certain operator, they will be regarded as an automatic waiver of exclusive rights in the process of trademark registration and examination, and there is no need to specifically indicate the waiver.
It should be noted that this way of trademark registration with enterprise name is not conducive to the transfer, license and change of enterprise name in the future.
What should be paid attention to in international registration of trademarks? 1. The trademark laws of most countries stipulate that place names cannot be registered as trademarks. Like China's famous? China? Brand cigarettes, toothpaste, Shanghai? Brand TV, toilet water, Qingdao? Card? Beijing? Brand beer etc. Although it was registered in China a long time ago, this kind of trademark cannot be registered abroad because place names cannot be registered as trademarks in many countries.
Some countries prohibit the use of numbers as trademarks. Like what? 555? Applications for registration in countries such as Pakistan and Kenya have not been approved.
The main color of Swedish national flag is blue, which is forbidden to be used as a trademark in Sweden.
The use of yellow as a trademark is forbidden in Arab countries.
5. What do the French think? Spades? This is a symbol of the dead. Peach blossom? Is an ominous thing, so? Spades? And then what? Peach blossom? In France, it is forbidden to use graphics as trademarks.
6. Does Italy regard chrysanthemums as? National flower? Therefore, it is forbidden to use chrysanthemum as a commodity trademark in Italy.
7. Japan regards chrysanthemum as a symbol of the royal family, and it is forbidden to use chrysanthemum as a trademark pattern.
8. Latin American countries regard chrysanthemum as a demon flower, and it is best not to use chrysanthemum patterns on the trademarks of these countries.
9. Australia is taboo to use rabbits as trademarks. Because Australia is rich in wool, it attaches importance to the reproduction of pastures and is afraid that rabbits will destroy grasslands.
10. India and other Arab countries prohibit pig graphics as trademarks.
1 1. British people are taboo to use portraits as decorations for goods.
12. Some countries in North Africa prohibit using dogs as trademarks.
13. Triangles are regarded as warning signs internationally, so triangles cannot be used as trademarks.
14. Czechs believe that the red triangle is a symbol of poison. Like Shanghai famous brand? Triangle? Brand towels need special attention when registering in Czech Republic.
15. What does the green triangle mean in Turkey? Free samples? , so it is best not to use it as a trademark.
16. In many countries, roses are excellent gifts for relatives and friends, but in India and some European countries, roses are used as souvenirs, so they cannot be used as trademarks.
17. Pandas are taboo in some African countries and cannot be used as trademarks. China? Panda? Brand products are difficult to obtain trademark registration in some African countries.
18. Hexagons cannot be used as trademarks in countries that believe in Islam, because these countries prohibit the import of goods with this symbol.
19. do the British compare goats to? An immoral person? , for example? Goat? Brand products are difficult to obtain trademark registration in Britain.
Trademark registration process
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