There are many regulations on trademark registration and patents, and there are corresponding regulations on how to register trademarks, but many people are actually not clear about how to register trademarks and how to handle them. Let's know about trademark registration and patents.
Trademark registration and patent application of patent 1 are handled directly by the acceptance bureau in China National Intellectual Property Administration or its subordinate acceptance bureaus with the relevant documents of patent application. If these places are far away from their place of residence, you can also sort out all the information needed to apply for a patent by mail and send it to China National Intellectual Property Administration for processing.
1. To write the patent application materials, the patent applicant can fill them out by himself or entrust the relevant patent agency to help him write them, but the contents must be clearly written.
2. Acceptance of patents. China National Intellectual Property Administration will conduct preliminary screening after receiving the application materials of patent applicants. For those who meet the application conditions, it will determine the specific application date, and then issue the applicant's application number and the applicant's acceptance letter on the patent application.
3. If the application materials are directly submitted by me to the relevant handling offices, the applicant may, after obtaining the acceptance notice and the patent application payment form, postpone the application for two months from the date of application and must pay the application fee within two months.
4. Then it will enter the process of applying for approval.
5. At this time, the relevant examination departments in China National Intellectual Property Administration will put forward various questions to the applicant according to the submitted materials and the relevant contents of the patent application. The applicant should classify the questions and answer them one by one, reply to the examiner's opinions on the patent, and modify or reissue the application. If the applicant disagrees with the examiner's review opinions, he may ask questions and state his opinions and reasons.
6. Go through the patent application formalities. When the applicant receives the authorization notice and needs to go through the relevant registration procedures, he must go through the relevant registration procedures within two months in accordance with the relevant regulations and requirements, and must go through the registration procedures and pay the fees within the prescribed time limit. The Patent Office will grant the applicant a patent right, issue a patent certificate, fill it in the patent system, publish and announce it in the patent bulletin, and the patent right will take effect as of the date of announcement.
7. To apply, you need to go through the relevant registration procedures. Other patent application materials and any documents need not be submitted when going through the relevant registration procedures. The applicant only needs to pay the relevant fees for patent registration in time within the specified time.
Trademark registration and patent. How to apply for trademark registration patent
Confirm the type of patent application, similar patents can be searched independently, or an agency can be entrusted to conduct a more comprehensive search, prepare the application documents and submit the application steps. An application for a patent for invention shall be examined in confidentiality before the preliminary examination. If the application needs to be kept confidential, it shall be handled in accordance with the confidentiality procedures.
2. How long does it take to apply for a trademark registration patent?
1, delivered to the Trademark Office of the State Administration for Industry and Commerce for about one month. If the application documents and procedures are complete and the application documents are filled in as required, the Trademark Office will issue a Notice of Trademark Acceptance. (Formal review)
2. After the application is accepted for 8 months, the Trademark Office conducts substantive examination of the trademark. Any trademark application that meets the relevant provisions of the Trademark Law shall be preliminarily examined and approved by the Trademark Office and announced. If it does not meet the requirements, the Trademark Office shall issue a Notice of Rejection or a Notice of Partial Rejection; 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. (Substantive review)
3. After the substantive examination, that is, about 8- 10 months after the application, the Trademark Office will issue a preliminary notice to the applicant. (announcement)
4. After 3 months from the date of announcement, the trademark registration shall be approved and a formal trademark registration certificate shall be issued. (Announcement period)
5. The total registration time is about 12- 18 months. (license)
3. What information do I need to apply for a registered trademark patent?
1. Apply in the name of the company: a copy of the company's business license;
Personal name application: a copy of personal identity card and a copy of business license of self-employed;
2. The design of the trademark; (Chinese, English, numbers, graphics, etc. )
3. Specify the category and commodity name of trademark registration; (International Trademark Classification)
4. The trademark application form, trademark power of attorney and trademark agreement shall be confirmed, signed and sealed. (Provided by agency)
Trademark registration and patent 3 I. Trademark registration
1. Selection of registration method:
One is to go to the Beijing State Trademark Office for trademark registration (China Trademark Law allows its citizens to apply for trademark registration directly to the Trademark Office of the State Administration for Industry and Commerce). Another way is to entrust an experienced trademark agency to provide you with trademark agency services. This will save you a lot of time and energy. Of course, the other party will charge the corresponding agency fee.
Attach the business conditions that a trademark agency organization should have:
To provide accurate legal advice and effective legal services to customers, we must be very familiar with various legal provisions and circulation procedures such as trademark registration application, renewal of use, transfer of license, objections in the application process, case analysis, review and defense, and be familiar with the International Classification of Trademarks and Services, accurately use 34 commodity classifications and 8 service classifications, understand the contents of 485 similar groups, and master more than 6,543,800 pieces in China at present.
2. Check the trademark registration right before registration:
Trademark inquiry refers to the inquiry whether the trademark applied by the applicant for trademark registration or his agent is the same as or similar to the trademark that enjoyed the prior right before applying for registration.
It is worth noting that although trademark inquiry is not a necessary procedure for registered trademarks (following the principle of voluntary inquiry), this work can greatly reduce the risk of trademark registration and improve the certainty of trademark registration. In the process of inquiry, it will be affected by data processing and trademark application review period.
This makes it impossible for some previously applied trademarks to enter the database, so it is impossible to query and retrieve this information. In addition, trademark inquiry and examination are undertaken by different personnel, and inquirers and different examiners may have different opinions on the examination point of view. Therefore, the trademark query results cannot be used as a legal basis and have no legal effect. Therefore, it is very important to find a professional trademark inquiry company or a trademark agency with perfect trademark inquiry conditions before registering a trademark.
3. Preparation of trademark application materials:
(1) If you apply in the name of a natural person, you need to show your ID card and submit a copy of your ID card. To apply for registration with an enterprise as the applicant, it is necessary to produce a copy of the business license of the enterprise and provide a copy of the business license signed by the issuing authority. A complete application for trademark registration, stamped with the official seal of the unit and personal signature.
(2) 10 trademark pattern (for color trademarks with specified colors, 10 color pattern and 1 black and white ink draft shall be submitted). The provided trademark pattern must be clear and easy to stick, and replaced by bright and durable paper or photos, with the length and width not exceeding 10 cm and less than 5 cm. 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.
(3) Registered trademark fee: 65,438+0,000 yuan. If you entrust a trademark agency, you need to pay a trademark agency fee of about 1 000 yuan.