Six steps for enterprise trademark registration
trademark registration is roughly divided into six steps. The preparation of materials is not complicated, and the cost is only 1000 yuan, but it takes one year, so what you need to prepare is patience
preparation for registration
choose the registration method
one is to apply for registration at the Trademark Office of the local government administration for Industry and commerce; The other is to entrust an experienced trademark agency organization to provide agency services
note: if you don't have the experience of registering trademarks and don't understand relevant laws and regulations, you are advised to entrust an agency to help, which will save you a lot of time and energy. The author has previously entrusted similar institutions to help me register. The commission fee is only 1000 yuan, but 30% can be prepaid first
query
before registration, it is best to have regular inspection first; Find an authoritative inquiry company. Because your trademark may be the same or similar to that of other registrants, the inquiry before registration can greatly reduce the risk of trademark registration and improve the assurance of trademark registration
note: because different personnel are responsible for trademark inquiry and examination, they may have different opinions on examination views. Therefore, the result of trademark inquiry cannot be used as the final legal basis
preparation materials
prepare 10 trademark drawings (colored trademarks with specified colors, which should be submitted to coloring drawings. Industrial Securities has issued 10 Industry Research Report samples and 1 black-and-white ink manuscript), with length and width of no more than 10 cm and no less than 5 cm. If the direction of trademark drawings is unclear, use arrows to mark the top and bottom; If the application is made by an individual, you need to show your ID card and submit a copy; If the enterprise applies, show a copy of the business license of the enterprise and submit a copy; A completed trademark registration application with the official seal of the unit and personal signature
start application
identity of the applicant
the applicant for trademark registration must be a foreigner or foreign enterprise of a legally established enterprise or institution, social organization, individual industrial and commercial door, individual partnership, a country that has signed an agreement with China or participated in international treaties with China, or handled in accordance with the principle of reciprocity
note: if you can obtain the identity of an overseas investor, the registration procedure will be much simpler
apply according to the classification of goods and services
at present, goods and service items are divided into 42 categories, including 34 categories of goods and 8 categories of service items. When applying for registration, the category of goods or services using the trademark shall be determined according to the classification of the goods and services classification table; If the same applicant uses the same trademark on different categories of goods, he shall apply for registration according to different categories
determination of the application date
this is the most important point: as China's trademark register adopts the principle of first application, once you have a trademark dispute with other enterprises, the enterprise with the first application date will be protected by law. Therefore, it is very important to establish the application date, which shall be subject to the date when the Trademark Office receives the application
next, there are three procedures: trademark examination, preliminary examination announcement and registration announcement. It should be emphasized that a trademark approved by the Trademark Office in the first instance can be registered only after it is misrepresented and challenged three months after the publication of the announcement, and the trademark is protected by law. The term of validity of a registered trademark is ten years, calculated from the date of approval of registration. If it is necessary to continue to use the trademark after the expiration of its term of validity, it may apply for renewal of the trademark registration
get the trademark registration certificate
after the trademark is registered, the Trademark Office issues a certificate to the registrant
if it is organized through an agent, the agent shall send the trademark registration certificate to the registrant; For direct registration, the registrant shall obtain the license from the Trademark Office within three months after receiving the notice of receiving the trademark registration certificate, and shall also carry: the letter of introduction for receiving the trademark registration certificate, the ID card and copy of the licensee, the original copy of the business license and the copy stamped with the seal of the local Ministry of industry and commerce, the notice of receiving the trademark registration certificate, and the change certificate issued by the Department of industry and commerce if the name of the trademark registrant is changed
note: a newly applied trademark generally takes about one to one and a half years from application to license issuance, including about one month for application acceptance and formal examination, about four to five months for substantive examination, three months for objection, and about three months from approval announcement to license issuance. (end)
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