As the risk of competition in the current market is increasing, many companies will choose to apply for patents and trademarks for their brands, and use the law to protect their brands from infringement by others. Therefore, when a company chooses to apply for a patent or a trademark, what is the order of application? What are the legal provisions for brand protection? Introduction to Trademark Registration 01
Trademark Search
In order to prevent the trademark from being identical or similar to someone else’s previously registered trademark, it is best to search for the trademark to be registered before filing an application for trademark registration. To increase the certainty of successful trademark registration. It should be noted that the trademark search results provided by the National Trademark Office do not have legal effect, but they can be used as an important reference for the searcher's trademark registration. 02
Provide information for registration
1. Application in the name of the company: a copy of the company’s business license;
Application in the name of the individual: copy of the personal ID card, self-employed One copy of each business license;
2. Designed pattern of the trademark; (Chinese, English, numbers, graphics, etc.)
3. Designate the category and product name of the trademark registration ; (International Classification of Trademarks)
4. "Trademark Application", "Trademark Power of Attorney", "Trademark Agreement", confirmed, signed and sealed. (Provided by the agency) 03
Time required for registration
1. It takes about one month to deliver the registration number document to the Trademark Office of the State Administration for Industry and Commerce. If the application documents and procedures are complete and the application documents are filled in according to regulations, the Trademark Office will issue a "Notice of Trademark Acceptance".
(Formal examination)
2. Eight months after the application is accepted, the Trademark Office will conduct a substantive examination of the trademark. All trademark applications that comply with the relevant provisions of the Trademark Law will be initially reviewed and approved by the Trademark Office and announced. If the regulations are not met, the Trademark Office will issue a "Notice of Rejection" or "Notice of Partial Rejection"; if the Trademark Office believes that the content of the trademark registration application can be revised, it will issue an "Examination Opinion". If the applicant responds within the time limit, the Trademark Office will continue the examination. (Substantial examination)
3. After passing the substantive examination, that is, about 8-10 months after application, the Trademark Office will issue a preliminary examination announcement and send it to the applicant. (Announcement)
4. Three months after the date of announcement, the trademark registration will be approved and the official "Trademark Registration Certificate" will be issued. (Announcement period)
5. The total registration time is about 12-18 months. (Get the certificate) Patent application 01
Patent types
1. Utility model patent: a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use (Products that have been improved on the original basis);
2. Appearance patent: A design that is aesthetically pleasing and suitable for the shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern. New designs for industrial applications, that is, product styles (mainly products with external structures);
3. Invention patents: new technical solutions proposed for products, methods or improvements (that have never been used before) products that have appeared). 02
Information required for application
1. For utility model patent: utility model patent request, specification, description drawings, claims, abstract and drawings, each in one copy Two copies;
2. Design patent: Design patent application form, pictures or photos, each in duplicate. If you require color protection, you should also submit color pictures or photos in duplicate. If you submit pictures, both copies should be pictures. If you submit photos, both copies should be photos. Pictures or photos should not be mixed. If an explanation is needed for pictures or photos, a brief description of the design should be submitted in duplicate;
3. Invention patent: Request for invention patent, description (if the description has drawings, the description and accompanying drawings should be submitted ), claims, and abstract (the abstract should be accompanied by drawings when necessary), each in duplicate.
03
Application preparation documents
Technical briefing:
1. The applicant provides background information on the invention or creation or entrusts retrieval of relevant content;
2. The applicant introduces the content of the invention in detail.
Determine the application plan:
A clear application plan, scope and content of protection will be proposed, and formal application preparations will begin. 04
Time required
The China Patent Office will make an authorization or rejection review conclusion based on the review situation. The time for this process is generally: about 6-8 months for the design, Utility models last about 10-12 months, and invention patents last about 3 years. Special reminder
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