I can assure you that this trademark will be registered 100% of the time."
"Our prices here are cheaper than others, lower prices, and doing the same thing is definitely worth it."
"If we do it here, the approval time of registered trademarks is faster than elsewhere."
When registering a trademark, our company always hopes that the trademark agency can guarantee the successful registration of its trademark application, and hopes that the price is the cheapest and the registration time is fast. In the same way, enterprises always love to hear these three sentences, just like eating a "reassurance". This kind of mood is normal and understandable, but think about it carefully, is there a problem behind these three sentences, our enterprises may wish to ask more why?
Trademark agency work involves a number of laws and regulations related to intellectual property rights, which is one of the knowledge-intensive and technology-intensive industries. After the liberalization of the trademark agency market in 2003, the number of trademark agencies has increased rapidly, from more than 100 to more than 6,000 now, and the number far exceeds the actual needs of China's economic development. On the one hand, it provides convenience for enterprises to apply for registered trademarks, and promotes the development of China's total trademark registration; On the other hand, due to the excess market demand, the uneven quality of some practitioners and other reasons, there have also been many disharmonious notes with the development of The Times, which have seriously damaged the legitimate rights and interests of trademark registration applicants. The above three words are like three "reassuring pills", the consequences of the credulity of enterprises are often misguided and suffer incalculable economic and time losses. In order to ensure the rights and interests of the majority of trademark registration applicants, we analyze the above three sentences one by one:
One of the "reassuring pills" : "This trademark I guarantee you, 100% can be registered successfully", lack of legal and factual basis, pure self-deception
China's trademark registration is the agency system, the agency is not the approval agency, the trademark examination and approval is decided by the State Trademark Office. Even the State Trademark Office does not dare to conclude easily or not before completing the complicated review process, let alone the agency?
First, from the perspective of trademark registration procedures
The process of trademark registration needs to go through the enterprise application, the agency declaration, the trademark office form review and substantive review, etc., meet the conditions for approval of registration to be announced in the first instance. This is that any trademark in the process of filing its approval factor can not be 100 percent. Just like lawyer representation, no lawyer can guarantee that the judge will win the case he represents. So for some small trademark agencies to promise a 100% guarantee of registration success, this is obviously "deceptive" or even cheating.
Second, from the perspective of trademark examination content
The examination of a trademark mainly looks at whether it conflicts with the provisions of the Trademark Law, whether it has the significance of the trademark, and whether it is the same or similar to the trademark applied for registration by others. Only trademarks that meet the above examination criteria will be approved and published. In this examination process, trademarks are not 100% approved for the following reasons:
1, due to the continuous development of society in the process of change, its trademark examination standards will also change, many trademarks can be registered in a certain period of time can not be registered. For example, "Zhongnanhai", "Zhonghua", "Beijing" and other trademarks can be registered before, but cannot be registered after the amendment of the Trademark Law.
2, trademark review with a certain degree of human subjectivity, the trademark Office in order to speed up the review progress, constantly recruit and replace trademark examiners, examiners working experience, professional quality is different, its understanding and judgment ability can not be completely consistent, is bound to lead to some trademarks this examiner thinks can note, other examiners think can not be registered. The trademark applied by the enterprise was divided into the hands of the examiner who thought that it could not be registered, resulting in the rejection of the trademark.
3, the trademark Office in order to solve the backlog, speed up the review progress, the pursuit of international standards, often lead to some of the rough work, to a certain extent, also affected the quality of trademark review, resulting in some should be able to register the trademark was rejected.
In addition, especially in whether the applied trademark is similar to the trademark applied for by others, there may be a greater gap in understanding, and the Trademark Office treats some trademark examination principles strictly, that is, many trademarks can be registered to some extent, but they are rejected because of this principle, and the applicant has to review it before it is possible to pass.
It can be seen that from the perspective of the trademark application registration process and the content of the trademark examination, the statement of "ensuring 100% success of the trademark" obviously lacks basis, and is a means for some small agencies to "fool" customers and solicit business, which must not be credulous. Choose a regular, large, professional trademark agency, can do is to minimize the risk of trademark registration, according to the procedures prescribed by law, the exhaustion of rights, try to fight for, and do everything possible to safeguard the interests of the trademark applicant.
"Reassurance" second: "Our prices here are cheaper than others, lower prices, doing the same thing, is definitely worth the money", there may be a trap behind
From the current situation of Chinese enterprises, most enterprises think that trademark registration is just a simple process, the agency just help enterprises to submit information, the price is low is the same, provide the same service, do the same thing. This is obviously a very wrong view.
First of all, many small, professional agencies, in order to survive, what business do, not only professional trademark registration agent, may also be engaged in company business license registration, quality certification, patent agency, agent accounting, etc., as long as there is money to earn, what business are accepted, even trademark registration agent is just a part-time business, In this way, it is difficult to ensure the professional level of trademark registration, let alone the follow-up system service. The price of such an agency is indeed lower, but he often charges a "running fee", the company's information is submitted to the trademark Office, and then the relevant documents of the trademark Office are forwarded to the enterprise, the trademark should be how to deal with the problem, and even how to deal with the rejected can not give a professional opinion, which often brings a lot of unnecessary losses to the enterprise. If only to save money, then there is no need for enterprises to entrust agencies, go directly to Beijing, to the State Trademark Office to submit it, registration costs are cheaper.
Secondly, trademark registration has a long process, and there are such problems in this process, and these problems need professional agencies to solve these professional problems, not just go through a process. For example, how much is the possibility of trademark registration, how to register the trademark to protect the integrity, which products and categories are registered, what are the benefits of separate registration of trademarks, how to deal with the review opinions of the trademark Office, and so on.
Third, our country advocates the implementation of trademark strategy, so the implementation of trademark strategy is just to register a trademark? Obviously not, after the successful registration of a trademark, a professional agency will carry out a period of about ten years of late maintenance, For example, how to use the trademark, how to maintain, how to change the transfer of enterprises, how to promote the brand to improve visibility, how to cultivate a famous trademark or even well-known trademark, how to use legal weapons to protect the rights and interests of their own trademarks, to prevent infringement by others, etc., these are not ordinary small agencies can be competent.
Obviously, a professional only engaged in trademark agency can provide enterprises with more than just a process. Then a professional agency can not have the problem of reducing the fee standard, because they need to provide systematic services for enterprises, need a large number of employees of different professional levels, and their operating costs are much higher than ordinary agencies, they rely on professional system services to win the trust of customers, and this is the real need of enterprises. This is the need for the whole team to provide services for the enterprise, and it is impossible for the general agency to complete with only three or four people. Most of the low-price agencies have the following conditions:
1, the establishment of a short time, weak professional, fewer personnel, the scope of business is complex, can not provide customers with systematic and thoughtful trademark registration services, so only a "running fee", regardless of whether it can be successfully registered, let alone registered after the service.
2, there may be multiple charges. The first time the fee is low, in the follow-up service to the enterprise "trademark acceptance Notice" and "trademark registration certificate" may ask for processing fees or costs again, repeated charges.
3, what is more, deceive customers, do not report the money, after a period of time with the money "run away".
On the surface, these agencies cater to the psychology of some enterprises and seem to take care of the interests of enterprises, but behind the low quality of service, trademarks that cannot be registered allow customers to apply for a large number of trademarks that are rejected. Even if enterprises get the trademark registration certificate, they do not know the problems that should be paid attention to after successful registration, or the categories of protection are incomplete. Even the product classification is simply wrong, not to mention other follow-up services.
Such examples are not uncommon, and there are many reported on the Internet. For example, an enterprise due to the desire for cheap, a relatively short time in a trademark agency to apply for registration of 45 categories of trademarks, because the agency lacks the basic knowledge of trademark registration, most of the declared trademarks were rejected, the result is a waste of money, but also delayed the very valuable registration time, the enterprise big call for fraud, regret too late.
Therefore, there is an old Chinese saying: "cheap no good goods, good goods are not cheap", sometimes, cheap things are even wasted money, in life, such examples are still few? Here, of course, is also very appropriate.
"Reassurance" third: "trademark registration time is faster than others", more self-talk
As we all know, China's trademark registration is the implementation of the "application first" principle, the order of the application time, has essential significance for obtaining the exclusive right of trademark. Therefore, China's trademark application registration always insists on the entry of the trademark application according to the order of registration, and all trademark applications will be reviewed in the trademark Office database according to the application number generated at the time of application.
First of all, the time of trademark examination is not fixed, but adjusted according to the actual situation, for example, before 2010, the time of trademark registration takes about two and a half to three years, but with the State Administration for Industry and Commerce to speed up trademark examination and solve the backlog needs, the trademark Office has recruited examiners to speed up the review progress. Trademark application registration in a smooth state, it takes about 12-15 months. Therefore, the time of trademark application registration is not the agency can grasp, is determined by the overall process and speed of trademark examination.
Secondly, for the application of trademark registration, the Trademark Office currently has eight review offices, and each review handles different categories of registered trademarks, according to the number of trademark applications for each category, its review progress, that is, the time will be different. Moreover, the specific allocation of a trademark to the examiner is also randomly allocated according to the application number, which is not human-operable. Trademark examiners cannot be inverted for examination, and the Trademark Office examination discipline does not allow trademark examiners to inverted review illegal operations.
Then it is not difficult to see that "approval time is faster than others" in the National Trademark Office is not feasible, purely self-speaking. What a professional agency can do is to submit an application for a trademark of an enterprise in the first time to improve efficiency, so as to avoid the trademark being registered by others in advance, ensure the smooth progress of trademark application and review procedures, and enable the trademark applied by an enterprise to be applied for in the first time.
In summary, this "three sentences" is incompatible with the way of honest and trustworthy management. When applying for trademark registration, enterprises can not only look at the price is cheap, but also can not believe the promise of "guarantee 100 percent", nor do they have to pursue who is fast, after all, the brand is the long-term development of the enterprise, not only to consider the problem of registration itself, but also to consider the follow-up services have no guarantee.
Linyi Aidi Business Service Co., Ltd. was established in 2006, in line with the leading idea of "root straight Yimeng land, service all over the country, professional iso certification, iso900 certification, iso9001 certification, iso14000 certification, OHS18000 certification for enterprise service", standing at the forefront of The Times, grasp the pulse of economic information, Relying on its own advantageous resources, set the favorable form of information channels around the network, for enterprises from the "registration company, brand creation and enterprise management, website construction, qualification certification, brand agency and a series of planning work, after years of operation experience, the center has established a good partnership with a number of chambers of commerce, associations and enterprises and institutions, in order to provide" better quality, Fast, multi-directional services to meet the needs of domestic and foreign small and medium-sized enterprises; Has provided a variety of forms and contents of different planning, consulting and agency services for more than 10,000 domestic and foreign customers from many countries and regions around the world, modern communication tools, 24-hour call center, Chinese and English customer service real-time answer to your difficult problems, chain services across the country, let you feel that the Eddie people, always at your side, Listen to your call, solve your needs; To treat each other honestly, operate in good faith, service first, meet the full range of customer needs and become your successful strategic partner as the ultimate goal of our services; Strive for a "one-stop" enterprise business service brand; "Control costs, reduce costs, tap potential, improve efficiency" as the business goal, more and more enterprises and individuals become the customers of Aidi, there are also successful cases of Aidi to assist domestic merchants to the world; To provide full business services for Chinese mainland enterprises seeking overseas development, and become a service provider in the process of your company's forward road, we treasure and sincerely return your trust and expectations, and will solve the difficult problems in the process of enterprise development with professional services to help enterprises.
