What is the trademark registration process of 20 17?
How to check whether a trademark is registered 1 online? The query method of trademarks is complicated. Today, let's introduce the basic steps of online inquiry, and you can also entrust the inquiry through the Trademark Office.
2. First, enter China Trademark Network. The government provides four services: approximate trademark inquiry, comprehensive trademark inquiry, trademark status inquiry and error information feedback.
3. We click to enter the comprehensive query of trademarks: users can query a trademark by means of trademark number, trademark and applicant's name.
4. There are five inquiry methods: international classification number, registration number, trademark name and applicant name (in Chinese and English). For asking whether to register, we just need to use them. Commodity name? Come on.
5. We search? Baidu? For example, enter Baidu in the brand name, and then click Query.
6. If the result is found, the trademark has been registered. Then you can only change the trademark.
7. What if I find it? Excuse me! No results were found? Well, congratulations, the trademark has not been registered yet, so go and register it quickly.
How to register a trademark and choose your favorite trademark? The selectable range includes characters, figures, numbers, letters, color combinations and any combination of the above elements. According to the latest trademark law, sound can also be registered as a trademark.
To the official database and trademark inquiry system? China Trademark Network? Inquire about the prior registration, evaluate the registration risk, revise it repeatedly, and finally determine the trademark to be registered, and make a good logo pattern.
Prepare application materials for trademark registration:
1. Application for trademark registration;
2. Power of attorney (such as entrusted agency);
3. Main certification materials (personal ID card and individual business license, business license of the company as an enterprise legal person).
4. Submit application materials. It must be submitted in person in the registration hall of the State Trademark Office.
5. Wait for the official examination by the Trademark Office, and issue the Notice of Trademark Acceptance after the examination. The time is about 60-80 working days (that is, about 3-4 months). If the formal examination fails, it is necessary to make corrections or resubmit the application.
Can I get a trademark acceptance notice and stamp the trademark? TM？ The identity used.
6. It takes about 16 months from submitting the application to finally obtaining the Trademark Registration Certificate, including about 3 months after submitting the application, the first 9 months after accepting the application, the last 3 months are the announcement period after the examination by the Trademark Office, and finally it takes about 1 month to issue the certificate. During the announcement period, the applicant should always pay attention to whether there are objections raised by others, and submit an objection defense according to the Notice of Objection Defense issued by the Trademark Office to safeguard his legitimate rights and interests.
7. After the above process, if it goes well, you can get the trademark registration certificate. Trademark registration and protection period is 10 year. You can apply for trademark renewal 12 months before the expiration, and the official fee is 2000 yuan (you can renew it within the extension period of 6 months after the expiration, but you need to pay the extension fee of 500 yuan). After this renewal, the term of the exclusive right to use a trademark will be extended by 10 year, which can be renewed for many times.
Conditions for applying for registration of a trademark (1) A trademark applied for registration must have constitutive requirements;
(2) The trademark applied for registration shall be significant;
(3) A trademark applying for registration shall not use any sign prohibited by law.
(4) The trademark applied for registration shall not be the same as or similar to the trademark registered or preliminarily approved by others on the same or similar goods or services.
(5) The trademark applied for registration shall not be the same as or similar to the registered trademark that has been revoked or cancelled for less than one year.
Who can apply for cancellation of a trademark According to Article 46, paragraph 1 of the Regulations for the Implementation of the Trademark Law, if a trademark registrant applies for cancellation of its registered trademark or registration of its trademark on a designated commodity, it shall submit an Application for Trademark Cancellation to the Trademark Office and return the original Trademark Registration Certificate. Therefore, the trademark registrant can apply for cancellation on his own. According to paragraph 1 of Article 47 of the Regulations for the Implementation of the Trademark Law, if the registered trademark has not gone through the transfer formalities since the date of death or termination of the trademark registrant 1 year, anyone may apply to the Trademark Office for cancellation of the registered trademark. To apply for cancellation, evidence of the death or termination of the trademark registrant shall be submitted. In addition, if a registered trademark fails to apply for renewal after the expiration of the renewal period, the Trademark Office will revoke its trademark registration according to law.
What is the principle of prior trademark application? The principle of first application means that if two or more applicants apply for registration with the same or similar trademarks on the same or similar goods, the Trademark Office accepts the first application for trademark registration and rejects the latter application for trademark registration. China's Trademark Law stipulates that if two or more applicants apply for registration with the same or similar trademarks on the same or similar goods, the trademark applied for earlier shall be preliminarily examined and announced, and the trademark applied for later shall be rejected. Where two or more identical or similar trademarks are applied for the same or similar goods within one day, the State Trademark Office shall notify the applicant to submit a valid certificate of the actual use date of the trademark within 30 days, and preliminarily examine and approve the use of the earlier trademark. Where a trademark is used or not used on the day of application, the Trademark Office shall notify the applicant to negotiate on its own. After negotiation, the negotiation result shall be submitted to the Trademark Office in writing within 30 days. If no agreement can be reached within 30 days, the applicant shall draw lots or make a ruling under the auspices of the Trademark Office.
Trademark registration process
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