Information required for trademark registration 1. 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.
Trademark registration process 1. 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 advantages of word mark? General trademarks can contain words and patterns. But we suggest that when you apply for a registered trademark, you'd better focus on words. This is because:
When applying for a registered trademark, it is mainly to inquire about existing trademarks (registered and unregistered). It is difficult to judge whether your trademark pattern is the same or similar to the existing trademark pattern. There is no doubt that adding trademark patterns to trademark registration greatly improves the probability of rejection of registered trademark applications. At the same time, even if your application is approved, the possibility of others suing you for trademark infringement will greatly increase in the future. For example, McDonald's has successfully prevented other trademarks from using gold bow patterns similar to its trademarks in court several times. This means that the owners of these trademarks must give up their current registered trademarks, redesign and apply for new registered trademarks;
One of the most important criteria to judge whether a trademark is similar is to see whether its words are similar to those in other trademarks. If you successfully register a word mark, you have actually deprived others of the right to use the same name to promote their products or services, no matter how different their trademarks are from yours. This has actually achieved the purpose of your trademark registration;
Except for a few trademarks with huge investment and special design, it is generally difficult for people to remember the pattern of a trademark and establish the connection between the trademark pattern and the product or service on this basis. What your customers can remember is the literal content of your trademark. Registering in word mark can get twice the result with half the effort;
When using a registered trademark in the future, you can use the registered trademark (with logo) together with the unregistered trademark. Intuitively, this is not much different from registering a trademark pattern with words.
And another advantage of this is that if you need to modify the trademark pattern in the future, you don't need to apply for a new trademark. History has proved that the frequency of trademark pattern modification is much greater than that of trademark text modification.
Of course, if the logo you designed is really different and has great market value, you should include it when you apply for trademark registration. Another feasible method is to register the design trademark separately from word mark. In this way, even if the registration of the design trademark is rejected, or the design trademark is challenged by others' trademark infringement in the future, it will not affect your registered word mark.
How to identify similar trademarks Similar trademarks means that the font, pronunciation and meaning of trademark words are similar, the composition, coloring and appearance of trademark graphics are similar, or the overall arrangement and combination of words and graphics are similar, the shape and appearance of three-dimensional marks of three-dimensional trademarks are similar, and the colors or color combinations of color trademarks are similar. When used on the same or similar goods or services, it is easy for the relevant public to misunderstand the source of the goods or services.
To determine the identity and similarity of trademarks, we should first determine whether the designated goods or services belong to the same or similar goods or services; Secondly, from the aspects of the shape, sound, meaning and overall expression of the trademark itself, with the general concern of the relevant public as the standard, the method of overall observation and comparison of the main parts is adopted to judge whether the trademark logo itself is the same or similar.
Correctly judging similar trademarks and reasonably solving similar trademark disputes according to law are not only conducive to safeguarding the exclusive right of enterprise trademark registration and protecting the legitimate rights and interests of enterprises and consumers, but also conducive to promoting the implementation of enterprise trademark brand strategy and promoting the sound and rapid development of national economy.
Trademark registration process
trade mark registration