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.
What are the rules for the process and time of trademark registration?
1. Design-We can entrust our company or design it ourselves before applying for trademark registration. Trademark design should pay attention to the following points: (1) originality, that is, trademark design should be innovative; On the one hand, it is necessary to meet the requirements of distinctiveness, on the other hand, creative trademarks are easy to expand the popularity of goods and quickly occupy the market. (2) The name of a trademark should avoid being associated with the function of the commodity. (3) The design of trademarks should highlight the theme and make a reasonable layout.
2. Inquiry-Trademark inquiry usually refers to the inquiry of trademark information by an applicant for trademark registration before applying for registration of a trademark, so as to know whether there is a prior trademark right that may conflict with the trademark he applies for registration. It takes a long time for a trademark to apply for registration. If the application for trademark registration is rejected, on the one hand, the trademark registration fee will be lost, on the other hand, it will take longer to reapply for registered trademarks, and it is still unknown whether the reapplication can be approved for registration. Therefore, before applying for a registered trademark, the applicant had better make a trademark inquiry to understand the prior rights. There are two kinds of query services: one is internal query service; The other is 7- 14 working days for government inquiry service.
3. Application-The application documents for trademark registration shall be submitted to the Intellectual Property Department of Hong Kong.
4. Acceptance-After receiving the application materials for trademark registration, Hong Kong Intellectual Property Department will give an application number and issue an acceptance notice, which will take about one week.
5. Examination-Trademark examination is divided into two processes: formal examination and substantive examination. Formal examination means that before examining the application, the Trademark Registration Office will carefully examine the application and all its attachments to see whether the required parts in the form have been filled in, whether the relevant information is correct and whether the required information is incomplete. If everything is ready, the application procedure will enter the next stage (substantive examination stage). Substantive examination means that the Trademark Registration Office searches the trademark records after checking the shortcomings of the application and making sure that all the information is complete, so as to determine whether other businesses have registered or applied for the registration of the same or similar trademarks for the same or similar goods or services. At the same time, the Trademark Registry will check whether the relevant trademarks meet the registration requirements of the Trade Marks Ordinance. If approved, the application procedure will enter the next stage (gazetting and announcement stage).
6. Announcement-After the application is approved by the Trademark Registry, it will be announced in the Hong Kong Intellectual Property Bulletin for three months. If no one raises an objection, the trademark can be successfully registered.
7. Registration-If there is no objection to the trademark announcement or the objection is not established after the ruling, the registration is successful. In general, it takes about 6 months to obtain the registration certificate. After successful registration, the validity period is 10 year, and the fee can be renewed on time in the first half of the expiration.
What do the "R" and "TM" in the upper right corner of a registered trademark mean?
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, adding four Chinese characters "A" and "Note" after the registered trademark, adding a circle to Note, C and R, and adding a circle to R. Other than that, any other marking methods are not in compliance with the law. "Note" 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 China's Regulations on the Implementation of the Trademark Law, the use of registered trademarks can be marked with "registered trademarks" or registration marks on commodities, commodity packages, manuals or other accessories. 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.
What are the ways to obtain trademark rights?
The acquisition of trademark rights can be divided into original acquisition and derivative acquisition. According to Article 3 of China's Trademark Law, the original acquisition of trademark rights shall be handled in accordance with trademark registration procedures. The exclusive right to use a registered trademark of a trademark registrant is protected by law. Derivative acquisition shall be handled in accordance with the contract transfer and inheritance procedures of registered trademarks.
China's Trademark Law establishes a system of obtaining trademark rights, which is voluntary registration of trademarks, so that some people apply for registration of trademarks and some people do not register their own trademarks. Therefore, according to the law, there are two situations. One is that the registered trademark is registered, and the other is that the unregistered trademark is unregistered. These two trademarks exist legally, and the use of unregistered trademarks cannot be prohibited just because they are not registered.
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