How much is the trademark registration fee (for reference only)
The registration fee is charged by category and quantity, and the fee for 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 are the requirements of the applicant for trademark registration?
After the revision of the Trademark Law and its implementing regulations, the main scope of trademark rights has been expanded, domestic natural persons have been given the right to apply for trademark registration, the previous restrictions and special requirements on the business scope of pharmaceutical, tobacco and newspaper trademarks have been cancelled, and * * * is allowed to apply for trademark registration. Applicants applying for trademark registration in China can be divided into two types according to their countries: domestic applicants and foreign applicants.
(1) Domestic applicants mainly have the following situations:
1, natural person
A natural person is the legal title of a person. According to the general principles of civil law, natural persons are citizens. From birth to death, citizens have the capacity for civil rights, enjoy civil rights and assume civil obligations according to law. In other words, any China citizen has the right to apply for trademark registration, unless otherwise stipulated by law.
2. Legal person
In the General Principles of Civil Law? Legal person? The definition of "organization" is: an organization with civil rights and capacity for civil conduct, which independently enjoys civil rights and undertakes civil obligations according to law. Legal persons include: enterprise legal persons, organs, institutions and social organizations.
3. Other organizations
Other organizations refer to enterprises, institutions and social organizations that do not have legal personality.
(2) Foreign applicants
According to the provisions of Articles 17 and 18 of the Trademark Law, foreigners or foreign enterprises may apply for trademark registration in China according to the agreements signed between their countries and China or international treaties to which they are both parties, or according to the principle of reciprocity. Foreigners or foreign enterprises with habitual residence or business office in China shall be treated as domestic applicants in their application procedures; However, foreigners or foreign enterprises that have no habitual residence or business office in China shall entrust an organization recognized by the state with the qualification of trademark agency.
It should be noted that although the Trademark Law only mentions that foreigners or foreign enterprises can apply for trademark registration in China according to relevant regulations, in practice, other foreign organizations can also apply.
(3) * * * Same as the applicant.
In addition to a single applicant, according to Article 5 of the Trademark Law, two or more natural persons, legal persons or other organizations may apply to the Trademark Office for registration of the same trademark and enjoy and exercise the exclusive right to use the trademark. * * * The same applicant can be all domestic applicants, all foreign applicants, or both domestic applicants and foreign applicants.
In practice, when applying for trademark registration and handling other related matters and procedures in China Trademark Office, reference should be made to applicants from Hong Kong, Macao and Taiwan. Foreign applicant? Processed.
What information do you need for trademark registration?
1. If you apply in the name of a natural person, you need a copy of your ID card. To apply for registration with an enterprise as the applicant, a copy of the business license and an official seal are required.
2. 10 trademark design. For color trademarks with specified colors, 10 color patterns and 1 black and white ink manuscript shall be submitted). The trademark pattern provided must be clear and easy to stick, and be replaced by bright and durable paper or photos. The length and width should be no more than 10 cm and less than 5 cm (about the size of a business card). If the direction of the trademark pattern is not clear, it should be indicated by an arrow. When applying for trademarks of cigarettes and cigars, the design can be as big as the actual use.
Trademark registration process
Trademark registration process 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 is the process of trademark examination?
Trademark review is divided into formal review and substantive review. (1) Trademark form review (3? 4 months), it is very important to establish the application date. Because China's trademark registration adopts the principle of applying first, once the application date occurs, it will become the legal basis for determining the trademark right. The date of application for trademark registration shall be the date when the Trademark Office receives the application documents. The Trademark Office accepts trademark applications and issues a Notice of Acceptance to those who meet the formal requirements. (2) Examination of the substance of a trademark (65,438+02 months) is a series of activities such as examination, data retrieval, analysis and comparison, investigation and study, and decision of preliminary approval or rejection by the trademark registration authority. In the meantime, please don't mark the registration mark (such as? Registered trademark? 、? Wait a minute. ), can be marked? TM？ . In addition, before the registration is approved, it is not advisable to make too many products and packages with the trademark or trademark logo at one time, in case the registration is blocked and unnecessary losses are caused.
How long is the trademark announcement?
Trademark examination and approval refers to the decision to approve the registration of a trademark that meets the relevant provisions of the Trademark Law after examination. And make an announcement in the trademark announcement. If no objection is raised within three months from the date of the announcement of preliminary examination and approval, the trademark shall be registered and a registration announcement shall be issued at the same time. If no objection is raised within three months or the objection is ruled invalid, the trademark will take effect and a registration certificate will be issued.
Matters needing attention in registering a trademark
1. Blind registration: Some agencies tell customers that your trademark will be registered if I help you to register it, and some even guarantee that it can be registered (trademark registration can only be realized after the audit of the trademark office, and there is a blind spot in the initial inquiry of trademark name, and no one can guarantee which trademark can be registered).
2. Non-professional registration: Many agency companies will also inquire about customers' trademark names in the early stage, but most of the trademark names have similar trademarks that have been registered or are applying for registration. At this time, it is a very professional job whether those trademarks similar to your trademark name will hinder your trademark registration. He needs rich experience to make an accurate judgment, but some intermediaries simply don't have such professional qualities and want to attract customers and help them register.
3. Blind registration: it is a blind spot for trademark inquiry. For example, I want to see which trademarks were submitted yesterday or the day before yesterday, but it is impossible to inquire under the existing technical conditions, which brings risks to registered trademarks. So how to solve it? The best way to deal with blind spots is to track the inquiry service, so that the information submitted by trademarks can be tracked and inquired in time to minimize the risk of trademark registration.
Therefore, when choosing an agency, we must choose a company with deep qualifications and high professional quality, so as to avoid risks as much as possible and improve the success rate of trademark registration.
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