How To Apply For Registered Trademark Or Service Mark?

There are 45 international classifications of goods and services for trademark registration, of which 34 are commodities and 11 are services.

The trademark specified on the commodity shall be designated as a trade mark, and the trademark used for service shall be designated as a service mark.

First, handling channels

There are two ways to apply for registration of trade marks or service marks:

(1) entrust a trademark agency to file a record with the trademark office.

(two) the applicant directly goes to the trademark registration hall of the trademark office.

Two. Handle steps

(1) if a trademark agency is entrusted to handle the matter, the applicant may voluntarily select any trademark agency that has been registered for the trademark office.

(two) if the applicant directly goes to the trademark registration hall of the Trademark Office, the applicant may proceed according to the following steps:

Before application for trademark registration, inquiries (not necessary procedures). Preparation of application documents. Submit application forms at the reception hall of the registration hall, confirm application submitted at the code window, pay the registration fee at the payment window, collect receipt of fees.

Three. Enquiry before application (non necessary procedure)

If the application for trademark registration is rejected, the applicant loses the registration fee on the one hand. On the other hand, it will take time to re apply for the registered trademark, and whether the re application can be approved or registered is still unknown.

Therefore, before applying for a registered trademark, the applicant should better consult the trademark, understand the prior rights, and make an application according to the result of the inquiry.

Four. Preparation for application for trademark registration

To apply for trademark registration, the following documents shall be submitted:

(1) application for trademark registration.

(two) photocopy of applicant's identity document

(three) the entrustment of trademark agency shall be submitted to the trademark agency.

(four) a person who directly handles the case shall submit a copy of the identity document of the person in charge.

(five) trademark pattern

(six) where a priority is sought, a written statement shall be submitted, and a certificate of priority, including the original and the complete Chinese plation, shall be submitted at the same time or within three months from the date of application.

(seven) the registration of a portrait of another person as a trademark shall be explained, and the authorization of the portrait person shall be attached and notarized.

(eight) all kinds of documents, proof documents and evidence materials submitted by the applicant are foreign languages, and the Chinese plation should be attached.

(nine) the application of trademark registration by natural persons in the mainland of China shall, in addition to the materials such as the application for trademark registration and the trade mark pattern, be submitted in accordance with the relevant provisions, and shall also be observed in accordance with the "

"Matters needing attention in the application for trademark registration".

Five.

Payment of registration fees

The amount and method of payment for accepting the registration fee shall be shown on the China Trademark network.

Six. The substantive examination procedure of the application for trademark registration

The Trademark Office shall examine the application for trademark registration in accordance with the relevant provisions of the trademark law, and apply the trademark to the prescribed or designated commodity.

If the application is in conformity with the provisions, it shall be preliminarily approved and announced. If the application for registration of a trademark which does not conform to the regulations or on some designated commodities is not in conformity with the regulations, it shall dismiss or reject the application for the registration of the trademark on some designated commodities, and notify the applicant in writing and explain the reason.

Seven, matters needing attention

(1) the notice of acceptance of the registration application only indicates that the application for trademark registration has been accepted by the Trademark Office, and does not indicate that the application has been approved.

(two) if the application for trademark registration is rejected, the applicant may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice of rejection if he refuses to accept the rejection decision.

(three) if a trademark applying for registration is challenged, if the applicant (that is, the dissenter) refuses to accept the registration of the Trademark Office, it may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receipt of the notification.

(four) a trademark is still an unregistered trademark after the application is made, but it has not been approved before registration, and it shall still be used as an unregistered trademark.

If the trademark is used to infringe upon the exclusive right of another person's trademark, it will not affect the investigation and treatment of the act by the relevant industry and commerce administrative organs.

(five) the validity period of a registered trademark is 10 years, counting from the date of approval of registration.

If a registered trademark is to be used at the expiration of its validity, the trademark registrant shall go through the formalities of renewal within 12 months before the expiration of the registered trademark.

If a trademark registrant fails to handle the matter within this period, it may lodge it within the extended period of 6 months after the expiration date, but shall pay the delay fee for the renewal of registration.

If the application for renewal has not been submitted after the expiry of the extended period, the Trademark Office will cancel the registered trademark. If the original registrant wishes to continue to have the exclusive right to use the trademark, he must re apply for registration.