1, only individuals or groups with the following conditions can file trademark applications in our country:
The applicant for trademark registration must be a lawfully established enterprise, institution, social organization, individual industrial and commercial operator, individual partnership, or a foreigner or foreign enterprise from a country that has signed an agreement with China or joined international treaties with China or handled the matter in accordance with the principle of reciprocity.
In accordance with the above conditions, the need to obtain the right to exclusive use of trademarks, in accordance with the principle of voluntary, to the trademark Office to file a trademark registration application (November 1, 2001, China's trademark Office began to accept natural person registered trademark applications, but since February 28, 2007, the Trademark Office has not accepted pure natural person registered trademark applications in China. Any natural person within the territory of China who applies for a trademark must hold a business license for individual industrial and commercial households).
2. Apply by goods and services:
China's trademark law is the implementation of the international classification of goods, it more than 10,000 kinds of goods and services are divided into 45 categories, when applying for trademark registration, should be according to the classification of goods and services to determine the use of trademarks of goods or services category. Where the same applicant uses the same trademark in different categories of goods, an application for registration shall be filed in different categories according to the classification of goods. This can avoid the improper expansion of the scope of application of the trademark right, and is also conducive to the approval of the examiners and the protection of the exclusive right to use the trademark.
3. Determination of trademark application date:
The establishment of the application date is very important, because China's trademark registration adopts the principle of applying first, once the application date has become the legal basis for determining the trademark right, the application date of trademark registration shall be based on the date when the Trademark Office receives the application form (the minimum unit of the date is' day ').
4, trademark registration:
If a trademark registration is submitted through a trademark agency, the trademark agency may submit an application to the Trademark Office by paper, and if the trademark agency submits an application to the trademark application online, it may obtain a digital certificate from the Trademark Office for online declaration. In the form of paper declaration, the date of trademark application is the date on which the Trademark Office receives the application documents, and in the form of network declaration, the date of network declaration is the date of application.
Trademark examination is a series of activities carried out by the trademark registration authority to check whether the trademark registration application is in line with the provisions of the trademark law, data retrieval, analysis and comparison, investigation and research, and decide to give preliminary examination or reject the application.
Announcement of first instance
The examination and approval of trademarks means that after the examination of the trademark registration application, the trademark registration is allowed if it does not violate the relevant provisions of the Trademark Law and meets the requirements, and it is announced in the Trademark Announcement. Where no objection has been raised to a trademark after preliminary examination within three months from the date of publication of the preliminary examination announcement, the trademark shall be registered and the registration announcement shall be published at the same time.
Notice of registration
Trademark registration is a trademark legal procedure. An application submitted by the applicant for trademark registration shall be announced after preliminary examination and approval by the Trademark Office. If no objection is raised within three months or the objection is ruled to be invalid, the trademark shall be registered and take effect, protected by law, and the trademark registrant shall enjoy the exclusive right to use the trademark. It takes about one to one and a half years for a trademark to be registered from application to approval. Term of validity of a registered trademark The term of validity of a registered trademark is ten years, counted from the date of approval of the registration. If a registered trademark needs to continue to be used after the expiration of its validity, it may apply for renewal of the registration of the trademark.
Get trademark certificate
The agent shall send the Trademark Registration Certificate to the trademark registrant through the agent.
For direct trademark registration, the trademark registrant shall obtain the trademark registration certificate from the Trademark Office within three months after receiving the Notice of Obtaining the Trademark Registration Certificate, and shall also carry:
(1) a letter of introduction for obtaining a trademark registration certificate;
(2) Obtain the identity card of the witness and a copy thereof;
(3) The original copy of the business license, the copy shall be stamped with the seal of the local industry and Commerce Department;
(4) Notice of obtaining trademark registration certificate;
(5) If the name of the trademark registrant is changed, the change certificate issued by the working department shall be attached.
Another: Trademark registration application time: a new application trademark generally takes about one year from application to issuance, of which the application acceptance and form review takes about one month, the substantive review takes about four to five months, the objection period is three months, the approval announcement to issue about three months