Why should I register a trademark?
Where a natural person, a legal person or any other organization shall, in the production and operation activities, acquire the exclusive right to use a trademark for its goods or services, it shall apply to the trademark office for trademark registration. Trademarks registered by the state shall be "registered trademarks" and shall be protected by law. Trademark registration shall be protected by ensuring that the trademark registrant enjoys the right of exclusive use for the purpose of indicating the goods or services, or for the licensing of others to obtain remuneration.
Ii. Type of trademark registration
(1) application for trademark registration
(2) application for registration of service trademarks
(3) application for trademark international registration
(4) certification of trademark registration application
(5) application for collective trademark registration
(6) application for registration of special signs.
The application for trademark registration also includes change, renewal, transfer of registration application, objection application, cancellation of application, trademark use license record, and other trademark registration matters.
3. Trademark registration process
1. Provide the name of the brand and the use of goods or services
2. The query
3. Sign the entrustment contract and power of attorney
4. Preparation for application: copies of id CARDS or copies of business licenses (official seal), trademark drawings and products
5. Submit your application online
6. Notice of acceptance
7. Notice or reject the trademark
8. Get a certificate or request a review.
What is the role of trademark registration
(1) brand creation
It is the basis of the enterprise brand to distinguish the function of the goods or service from the origin, and guide the consumer to recognize the brand shopping or consumption!
(2) brand protection
It is a very important part of the intangible assets of the enterprise, which is beneficial to protect the intangible assets of the company and prevent the infringement of the same products.
(3) necessary qualifications
It is a prerequisite for enterprises to apply for national exemption inspection, well-known trademark, quality certification and entry to e-commerce platform.
(4) intangible assets
It is very high economic interest to choose a trademark registration with a novel idea, and a trademark can be used as a pledge loan for intangible assets.
5. Which logos can be registered as trademarks?
A combination of text, graphics, letters, Numbers, three dimensions, sounds, color combinations, or the elements of a different product or service source.
The trademark that applies for registration shall have distinctive characteristics and be easy to identify, and shall not conflict with other people's prior legal rights (such as patent right, right of name and copyright).
Vi. Special procedures for trademark registration
(1) trademark objection
(1) dissenter: in the first place, the interested party considers that the trademark infringes its interests or is registered before the trademark
(2) the trademark of the dissenting opinion: the trademark of the preliminary examination and approval shall not conform to the registration conditions.
(3) objectionable material:
1. Application for trademark dissent
2. The reasons, facts and legal basis of the objection are clearly stated, and relevant evidence materials shall be attached, and the reasons for objection shall be signed or sealed by the dissenter.
3. A copy of the preliminary examination and approval of the disputed trademark (may be downloaded from the Chinese trademark network);
4. A copy of the business license or copy of id card confirmed by the dissenter.
5. Letter of attorney for trademark.
(2) cancellation of the registered trademark
(1) application conditions
Where a trademark registrant applies for writing off the registered trademark or cancelling the registration of its trademark in part of the specified goods, it shall go to the trademark office for the cancellation of the registered trademark.
Trademark registrant that applies for the cancellation of its registered trademark or cancellation of its registered trademark commodities specified in the part, by the trademark office approved the cancellation of the right to exclusive use of a registered trademark or the use of a registered trademark in the effect on the part of the designated commodities the trademark bureau terminated on the date of receiving the application for cancellation.
Application for cancellation of registration mark does not require payment of fees.
(2) process and application materials
1. Application for trademark cancellation
2. The original of the trademark registration certificate, which cannot be returned to the original, shall explain the reason.
3. The subject qualification of the applicant, the supporting documents (e.g. copy of business license of enterprise and natural person's identity card/passport, etc.) to the applicant a seal or signature confirmation copy of (directly in the trademark registration hall, the trademark office, in zhongguancun national innovation demonstration zone office with original after comparing the return)
4. Submit the id card and photocopy of the agent directly in the trademark registration hall (the original is returned after the comparison).
5. The application documents for foreign languages shall also be provided in Chinese translation.
(3) the application for cancellation shall not be used for three consecutive years
I. legal basis and conditions of application
According to the regulations of the trademark law of the People's Republic of China article 49, registered trademarks have no grounds for three years in a row not in use, no units or individuals can apply to revoke the registered trademark to the trademark bureau.
2
There are two ways to apply for revocation of three consecutive years without a registered trademark:
(1) handling of a trademark agency registered with the trademark office.
(2) the applicant shall go directly to the trademark registration hall of the trademark office.
Iii. Office address and time
No. 1, tea ma nan jie, xicheng district, Beijing, 100055
Office hours: 8:30 -- 11:30, 13:30-16:30
Telephone: 86-10-63218422 86-3218423 86-10-63256488
Applicants can also be used to the trademark office in zhongguancun national innovation demonstration zone office, office address is: Beijing thirty-six, suzhou street, haidian district Beijing administration for industry and commerce registration on the second floor of the hall
4. Procedures
(1) if a trademark agency is entrusted, the applicant may voluntarily select any trademark agency that is filed with the trademark office. All trademark agency organizations filed with the trademark office are published in the "agency" column.
(2) if the applicant is directly involved in the trademark registration hall, the applicant may follow the following procedures:
Prepare the application form: submit the application form in the trademark registration hall to accept the application form in the code window, pay the application fee to the payment window, and check the copies sent by the trademark office
5. Application materials
(a) of the books to be submitted
If the applicant does not apply for a registered trademark for three consecutive years, the following books shall be submitted:
1. The application for the cancellation of the registered trademark for three consecutive years shall be revoked;
2. Directly to the trademark registration hall for the submission of a copy of the identification document (copy of business license, id card, etc.) of the applicant with seal or signature. A copy of the applicant's main qualification certificate (copy of business license, identity card, etc.) of the applicant for the purpose of handling the entrusted trademark agency;
3. Directly to the trademark registration hall, the original and photocopy of the original identity card of the agent shall be submitted. To entrust a trademark agency to handle, to submit a trademark agency power of attorney.
(2) specific requirements
1. The applicant should fill in the application form truthfully and not modify the format without authorization. The application should be typed or printed.
2. The seal of the applicant's name and seal of the applicant (signature) shall be consistent with the name of the document. Where the applicant is a natural person, he shall fill in the identification number after his name.
3. The applicant's address shall be named as the provincial, municipal and county administrative division. The applicant shall, in accordance with the identity document fill in the address, address of identity documents not coronal provincial, city and county administrative divisions, such as the applicant shall increase corresponding the name of the administrative area. If the applicant is a natural person, he may fill in the correspondence address.
4. If the agent of the trademark agency is entrusted to declare, it shall fill in the name of the agent and sign it by the agent and stamp the agent's seal at the "signature of the agent's seal/agent".
5. When applying for revocation of a common trademark, the "trademark registrant" shall fill in the name of the representative of the common trademark.
6. Apply to withdraw part of the goods/services, should be in the "cancel the goods/services" fill in the application for cancellation of part of the goods/services, and shall be approved and use of the same kind of goods/services project name (can add sheet); Application for cancellation of all goods/services should be filled in "all".
7. The applicant should indicate the relevant situation (which can be added to the attached page) for the three consecutive years of the application for the trademark in the case of cancellation.
8. If the applicant is a legal person or any other organization, it shall be stamped at the "signature of the applicant". If the applicant is a natural person, he shall sign it here. The stamp or signature shall be complete and clear.
Pay fees
Applying for a fee of class, one class has to cancel the trademark fee of RMB 500.
If a trademark agency is entrusted with handling it, the trademark office shall deduct the fees from the advance payment of the trademark agency.
Vii. Collection of books sent by the trademark office
The trademark office shall, after receipt of the application for cancellation, it is to accept the conditions, qualified, will be issued to the applicant to withdraw the application acceptance notice sent a trademark registrant, the notice about provide the registered trademark use evidence. Trademark office received a trademark registrant of a registered trademark after the use of evidence, to review the evidence materials, make a decision on whether the registered trademark shall be revoked, and notify the trademark registrant and the applicant. If a trademark agency is entrusted, the trademark office shall mail the decision to the trademark agency.
8. Precautions
1. The contact information of the applicant's name, address, postal code and telephone number must be clearly and accurately in order to contact.
2. The applicant should check the registration of the revocation trademark before submitting the application, and fill in the application for the cancellation of the registered trademark for three consecutive years with the current registration of the trademark.
3. The applicant shall, in accordance with the provisions of the regulations on the implementation of the trademark law, specify the circumstances in which the trademark has not been used for three consecutive years.
4. The application for revocation of the registered trademark shall be filed with the trademark office three years after the date of the registration of the trademark. It is important to note that a trademark that has been approved and approved by the objection ruling before May 1, 2014 shall apply to the trademark office three years after the date of the notice of the adjudication of this trademark.
5. The application for the cancellation of the Madrid international registered trademark shall be filed with the trademark office three years after the expiry of the rejection period of the international registration of the trademark; If the rejection period expires, it is still in denial of the review or objection procedure, and shall apply to the trademark office three years after the effective date of the administrative decision.
6. If a party refuses to accept the decision made by the trademark office, it may apply for a review of the trademark review committee within 15 days from the date of receipt of the decision.
Tel：0755-83113181或4000188831
Add：
Room 1308, Wangcheng Building, Longguan East Road,
Mail：
pengnc03@163.com
