What a trademark registration company does, the trademark registrant enjoys the exclusive right to use the trademark, and also has the right to license others to use the trademark for compensation. The term of protection of trademark rights varies from country to country, but after the expiration, the trademark can be renewed indefinitely as long as an extra fee is paid. Trademark protection shall be implemented by the court or administrative organ. In most systems, the courts and administrative organs in charge of trademarks have the right to stop trademark infringement. Generally speaking, the court's decision is final. Broadly speaking, a trademark is a kind of reward for trademark registrants, which makes their goods or services recognized and economic benefits. Trademarks also encourage creativity and a positive attitude. Trademark protection can also prevent unfair competitors (such as counterfeiters) from using the same or similar trademarks to promote inferior or different products or services. Trademark system can enable skilled and enterprising people to produce and sell goods and services under as fair conditions as possible, thus promoting the development of international trade.
Why do you want to register a trademark? The advantage of trademark registration is 1, which is convenient for consumers to identify brands and shop.
2. The trademark registrant enjoys the exclusive right to use the trademark and is protected by law.
3. Through trademark registration, you can create a brand and seize the market.
4. Trademarks are intangible assets, and their value can be assessed.
5. Trademarks can be transferred, licensed to others or pledged to realize their value.
6. Trademark is also a necessary condition for quality inspection, health inspection and bar code.
7. Local industrial and commercial bureaus at all levels supervise the quality of goods and services through the management of trademarks.
How to register a trademark and choose your favorite trademark? The selectable range includes characters, figures, numbers, letters, color combinations and any combination of the above elements. According to the latest trademark law, sound can also be registered as a trademark.
To the official database and trademark inquiry system? China Trademark Network? Inquire about the prior registration, evaluate the registration risk, revise it repeatedly, and finally determine the trademark to be registered, and make a good logo pattern.
Prepare application materials for trademark registration:
1. Application for trademark registration;
2. Power of attorney (such as entrusted agency);
3. Main certification materials (personal ID card and individual business license, business license of the company as an enterprise legal person).
4. Submit application materials. It must be submitted in person in the registration hall of the State Trademark Office.
5. Wait for the official examination by the Trademark Office, and issue the Notice of Trademark Acceptance after the examination. The time is about 60-80 working days (that is, about 3-4 months). If the formal examination fails, it is necessary to make corrections or resubmit the application.
Can I get a trademark acceptance notice and stamp the trademark? TM？ The identity used.
6. It takes about 16 months from submitting the application to finally obtaining the Trademark Registration Certificate, including about 3 months after submitting the application, the first 9 months after accepting the application, the last 3 months are the announcement period after the examination by the Trademark Office, and finally it takes about 1 month to issue the certificate. During the announcement period, the applicant should always pay attention to whether there are objections raised by others, and submit an objection defense according to the Notice of Objection Defense issued by the Trademark Office to safeguard his legitimate rights and interests.
7. After the above process, if it goes well, you can get the trademark registration certificate. Trademark registration and protection period is 10 year. You can apply for trademark renewal 12 months before the expiration, and the official fee is 2000 yuan (you can renew it within the extension period of 6 months after the expiration, but you need to pay the extension fee of 500 yuan). After this renewal, the term of the exclusive right to use a trademark will be extended by 10 year, which can be renewed for many times.
Matters needing attention
The whole registration process spans about 1 year. The applicant should always pay attention to the change of trademark status and accept the documents issued by the Trademark Office in time to avoid unexpected situations in the trademark.
Where the applicant entrusts an agency registered by the State Trademark Office to handle trademark registration matters on his behalf, he only needs to sign the application and power of attorney made by the agency, hand over the trademark logo and main supporting documents to the agency, and the rest will be handled by professional trademark agents in the agency.
The importance of registering a trademark and applying for a patent lies in the use of a trademark, because it is only a sign that distinguishes other goods and services. Patents focus on monopoly, which can realize the possibility of seizing the market. Strictly speaking, if others don't infringe your trademark right, you don't have to rely on the trademark to attack your competitors (except to compete and compare with your competitors in brand building and product quality, but this is not the function of the trademark itself), but patents can.
If an enterprise only applies for a trademark and has no relevant patent protection, then the intellectual property protection done by this enterprise is still very primary. Others can crush you with the patent right. Don't say that the products you produce have no technical content. There is a kind of patent right called design patent, whose main purpose is to protect? Design? Yes China's patent law implements the principle of first application, and there is no such thing as the prior use of trademarks, nor does it protect products or methods that have been used in advance but have not applied for patents. The following briefly introduces several enterprises. Due to negligence in trademark registration or patent application, trademarks are registered by others and patents are infringed.
First, the products of enterprises are popular products, which are at the same level as those of competitors. It is considered that it is the same whether the trademark is marked or not, and enterprises only need to do a good job of service. When the enterprise has done a good job in service, it has developed. Now it is found that it sells not only products but also services. It wants to distinguish its service quality from its competitors, so it wants to register its name as a trademark, but it has been registered by others.
Second, when the enterprise was first established, it was small in scale, and it didn't matter whether it was a trademark or not. It even thinks that the name of the enterprise is the brand of the enterprise, and there is no need to register a trademark. With the growth of the enterprise, it is found that its own enterprise name has been registered by others, and the enterprise has to re-register its trademark and re-build its brand.
Third, enterprises are trading (or agency) companies that sell products from other manufacturers, such as non-productive companies such as exclusive agents and brand agents, and often feel that it is not necessary to build their own brands. However, when the enterprise develops into a chain operation, it finds that its own enterprise name has been registered as a trademark by others, or it takes several years for the enterprise to promote other people's products (the goods it represents). After the agency is suspended, it finds that it has made a wedding dress for others in brand strategy and neglected the building of its own brand.
Fourth, the enterprise has begun to take shape, and has registered trademarks, even with the registered trademark of 10. At this time, enterprises often think that the protection of trademark registration has been put in place, so they can rest assured. But this time is often the most dangerous for enterprises, because with the growth of enterprises (the expansion of trademark awareness), brand-name phenomena began to appear, and some small enterprises began to compete unfairly around the trademarks of successful enterprises. A few years ago have gradually passed. Therefore, applying for a patent is also an urgent and necessary thing. Only in this way can we protect our own interests.
Therefore, to fully protect intellectual property rights, we should not only register trademarks or apply for patents, but also protect intellectual property rights as a whole and formulate relevant strategies.
trade mark registration