Foshan registered trademark 1 required information. To apply for registration in the name of an enterprise, a copy of the business license shall be provided and stamped with the official seal;
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.
Detailed process of Foshan registered trademark registration 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 are the requirements for registering a trademark in Foshan? (a) the distinctiveness of the trademark
The distinctiveness of a trademark lies in its novelty and individuality. Individualized and newly created trademarks are undoubtedly different. Trademarks should have distinctive features so as to be easily distinguished. We should make a comprehensive investigation from the text, graphics and other elements of the trademark itself. Too simple graphics, lines, or too complicated patterns, ordinary numbers, common daily life terms or advertising terms, common commodity names, packaging, decoration, containers, etc. Our products are generally considered to have no obvious characteristics. For example, in the category 3, category 9, category 18, category 24, category 25, category 28 cosmetics and other commodities, the application for registration is not approved because it lacks distinctiveness and is difficult to be recognized by consumers; Another example is pine and cypress, flowers and plants, the sun, cranes, running water and rocks. Song He welcomes the spring? The combined trademark of this name needs to be registered on a commodity, but it is also not approved for registration. What is the reason? Song He welcomes the spring? It is a common auspicious term among the people and is often used in daily necessities. As a decorative pattern, it is often used in daily necessities. This trademark has no obvious characteristics in words and graphics, and it has no recognition function.
Trademark is required to have distinctive features, aiming at enabling consumers to identify the source of goods through trademarks. Some trademarks, even if their constituent elements lack distinctive features, can be registered for long-term use and should be protected. For example, some simple graphics, such as triangles and semicircles, should be associated with a specific commodity and used repeatedly to make it have recognition function, which should also be protected. For example, on sportswear and sports shoes? Nike? A trademark, with a stroke, is almost unrecognizable in terms of its constituent elements, but it is this simple stroke that has the strongest recognition function. Therefore, the distinctive features of a trademark should be judged and identified from the perspective of whether the trademark has been actually used or whether it has formed a specific connection with a certain commodity.
(2) Trademarks shall not be confused with other people's trademarks.
Confusion refers to two situations in which a trademark is the same as or similar to another trademark. Generally speaking, the original trademarks mentioned above will not be confused with other people's trademarks, while suggestive trademarks and descriptive trademarks, especially borrowed trademarks, will often be confused with other people's trademarks. If the trademark applied for registration is confused with the registered trademark of others, it will not be registered, but using the same or similar trademark on the same or similar goods will constitute infringement.
Trademark logo means that the characters and graphics of trademarks used in the same kind of goods or similar goods are exactly the same or the pronunciation of trademark names is exactly the same. It is difficult for consumers with the same trademark to distinguish the goods or services of different operators.
Trademark approximation means that the characters, figures or names of trademarks used in the same kind of goods or similar goods are basically the same pronunciation. Although there are differences, the difference is not obvious enough for consumers to mistake it for buying by mistake. For example, someone will? What's your last name? The designation application for No.30 ice cream and popsicle is the same as the designation of No.30 ice product registered by Hangzhou Wahaha Group. Wahaha? Trademark approximation. ? What's your last name? With what? Wahaha? Although the characters and pronunciations of the two trademarks are different, the glyphs are very similar. ? What's your last name? Just will? Wahaha? Every word is slightly changed, deliberately? What's your last name? With what? Wahaha? Close combination, using consumers' trust in Wahaha trademark, make consumers misunderstand and lead to wrong purchase. Trademark approximation is mainly manifested as? Shape? (appearance),? Sound? (pronunciation),? Meaning? Approximate three situations, by comparing two trademarks, if they? Shape? 、? Sound? 、? Meaning? An approximation that easily confuses consumers is an approximate trademark.
No matter whether the trademarks are the same or similar, they must be the same or similar in the same commodity or similar commodities. Therefore, in addition to judging whether the trademarks are the same or similar, it is also necessary to judge whether the goods they use are the same or similar. If the goods used are not the same or similar, even if the two trademarks are the same or similar, it will not affect their distinctiveness and identifiability. The so-called identical goods refer to goods with similar performance, use, production technology and main raw materials.
It is not difficult to judge whether it is the same commodity, but it is more complicated to judge whether it is similar. Because in addition to considering the consistency of manufacturing department, raw materials, quality, use and even sales department, it is also necessary to investigate from the consumer psychology. But also can master different scales for different trademarks. For a trademark with a certain popularity among consumers, as long as it may lead consumers to misunderstand the source of goods, then from the perspective of commodity science, dissimilar goods will be judged as similar goods. For example, a company registered Carlsberg Co., Ltd. on 32 kinds of beer? Carlsberg? The exact same logo was applied for registration on the 30 th class cake and oatmeal. The application was rejected because it was judged as the same trademark on similar goods, which shows that similar goods are relative.
Foshan trademark registration
Foshan trademark registration