What Matters Should Be Noted In The Process Of Trademark Registration In Yiwu?
The development of China's trademark industry has drained out a one-stop trademark registration agency service, but there are natural phenomena of good and bad, so that the funds that rely on the agencies to register on the trademarks have been exhausted. Because some agencies have little regard for the quality of service in pursuit of business volume, resulting in loss of trademark rights and interests of applicants. Therefore, it is best to be familiar with the matters needing attention in the process of trademark registration, so as not to spend undeserved money running the wrong way.
Trademark search is aimed at avoiding the risk of trademark registration. Among them, trademark is the most common failure reason in the process of trademark registration. Although this is not a necessary procedure, there is no doubt that the success rate of trademark registration can be improved. However, it is not that the query can completely avoid similar trademarks. After the trade mark is sent to the Internet, it will take about five months or so. The time limit is different. The trademark that has been applied for but not published is the trademark which was announced five months ago. In this regard, it is still the phrase to avoid popular, popular, popular words.
After confirmation of registration, the agency generally recommends full class registration so that the trademark can be protected to the greatest extent. At this time, it is necessary to consider the long-term strategy and development expectation of the company itself. First, because the registration fee is high, if the start-up enterprise needs to consider this part of the cost, it can also consider registering a joint trademark on some kinds of goods, and then registering the whole category in the case of economic permission. Secondly, if there is no valid reason for three consecutive years of non use, as long as others apply to the Trademark Office to cancel the registered trademark, there is a risk of cancellation.
The application for trademark registration shall be made according to the classification list of goods and services published. Each trademark registration application shall submit 1 copies of the trademark registration application and 1 trademark designs to the trademark office. If the application for trademark registration is made in combination or coloured drawings, the coloring pattern shall be submitted, and 1 black and white manuscripts shall be submitted.
If a trademark is registered for application with a three-dimensional logo, it shall declare in the application form, explain the way of use of the trademark, and submit a pattern that can determine the three-dimensional shape. The trade mark submitted shall contain at least three views.
Where a trademark is registered with a combination of colors, it shall be declared in the application form, indicating the way in which the trademark is used.
Where a trademark is registered for application with a sound mark, it shall make a declaration in the application, submit a sound sample that meets the requirements, describe the sound trademark used for registration, and explain the way of using the trademark. The description of a sound trademark should be described in the form of a staff or a notation, and the description of the application for a trademark should be described in addition to a written explanation. The description can not be described in the form of a staff or notation, and the description of the trademark should be consistent with that of the sound sample.
Those who apply for registration of collective trademarks or certification marks shall be Application The company shall make a statement and submit the main body qualification certificate and the rules for the use and administration.
Trademarks should be interpreted in foreign languages or in foreign languages.
The trade marks must be clear, easy to paste, smooth, durable, or replaced by photographs. The applicant for trademark registration may apply for registration of the same trademark on multiple categories of commodities through an application.
Each trademark is considered an application for every registration application. It should submit an application for the corresponding matters:
(1) in the name of a natural person, you need to produce your ID card and submit a copy of the business license of the business entity, such as individual business, personal partnership, etc.
(2) to apply for an applicant as an applicant, a copy of the business license and a copy of the business license signed by the issuing organ shall be produced. And submit a complete application for trademark registration with the official seal and personal signature signed by the company, and prepare the corresponding registration fees required according to the regulations.
It should be noted that there are some differences between the self agency and entrustment of trademark agencies established in accordance with the law. In respect of the submitted documents, the applicant shall directly submit to the trademark office the photocopy of the identity card of his own person other than the books to be submitted, and the entrustment of the trademark agency shall, in addition to the documents submitted, be submitted to the trademark agency for authorization of trademark registration.
In the way of submitting documents, the applicant himself shall submit the application documents directly to the reception hall of the registration hall of the trademark directly by the applicant or the agent, because the Trademark Office does not accept the application for mailing of the non agency; the agency can submit the application documents to the Trademark Office directly or through the express delivery company, or submit the application for trademark registration through the online application system.
After the application is submitted, the next step is to proceed. Examination 。 The first is the form examination, that is, the State Trademark Office examines the legality of the trademark application documents, and examines whether the application of the trademark is true, accurate, clear, standardized, whether it has been completed according to the uniform requirements of the state and whether the relevant procedures are complete, so as to decide whether to accept the examination of the trademark application. After the adoption of the trademark registration form examination, the Trademark Office will issue the trademark registration applicant "Notice of acceptance of the trademark registration application".
If it fails to meet the requirements in the time limit, it will be directly rejected. If it meets the requirements, it will enter the substantive examination.
The substantive review will examine, through retrieval, analysis and comparison, the validity of the trademark registration according to its successively applied trademark, examine whether the trademark is similar to the previously applied trademark, whether there is an approximate conflict with the trademark previously applied, whether the trademark has violated the provisions of the relevant trademark law and trademark enforcement regulations, so as to determine whether a preliminary examination approval notice is issued, that is, the preliminary registration examination of the notice shall be rejected, or it will be rejected or partially rejected. If no review is conducted, the trademark will be deleted directly.
The first is the preliminary notice. After the examination of the application for trademark registration, it is in conformity with the " Trademark law In the relevant provisions, the decision to allow its registration will be announced in the "trademark notice". No one has raised any objection within three months from the date of preliminary announcement of the preliminary verification of the trademark. The trademark shall be registered and the registration notice shall be published. If there is no objection or objection within three months of the preliminary verification announcement, the trademark shall become effective if it is not established by the ruling, and shall be protected by law, and the trademark registrant shall have the exclusive right to use the trademark. If any objection is raised, the trademark will be invalidated, and the choice of review will enter a lengthy and exhausting review and litigation.
The trademark registration certificate is issued by the agent to the trademark registrant through the agent. If a trademark is registered directly, the trademark registrant shall obtain the certificate from the Trademark Office within three months after receiving the notice of receipt of the trademark registration certificate.
It takes about two to three years for a trademark to be registered from application to approval. The period of validity of a registered trademark is ten years. Since the date of approval of registration is calculated, if the registered trademark is expired, and it needs to continue to be used, it may apply for renewal of the trademark registration. The way of application is so long, so the preparatory work must be complete. If there is any failure, do not mess up and hesitate to solve the current problems as soon as possible.
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