20 16 trademark registration process and fees

20 16 what are the procedures for applying for a registered trademark? How to apply for a registered trademark now? Bian Xiao brought it to you? Trademark registration? Related knowledge, this may be what you need.

What are the conditions for applying for trademark registration?

According to the provisions of China's Trademark Law, not all trademarks can be registered, and they can only be registered if they meet the conditions stipulated in the Trademark Law. The conditions are as follows:

1. Composition of registered trademarks. Any visible sign that can distinguish the goods of natural persons, legal persons or other organizations from the goods of others, including words, graphics, letters, numbers, three-dimensional signs and color combinations, and the combination of the above elements, can apply for registration as a trademark.

2. The trademark applied for registration must be distinctive and easy to identify. The trademark applied for registration shall have distinctive features and be easy to identify, and shall not conflict with the legal rights previously obtained by others. The distinctive features mentioned in the law mean that a trademark should have obvious features, which are convenient for consumers to identify and distinguish from other commodities.

3. The trademark applied for registration shall not use words or graphics prohibited by law. There are many characters and figures prohibited by law, but all of them can be registered if they meet the requirements of 1 and 2 or above and do not violate social morality and national citizen image.

Trademark registration process

Trademark registration process I. Formal review

After formal examination, if the application procedures are complete and the application documents are filled in accordance with the regulations, the Trademark Office will issue a notice of acceptance.

If the application procedures are incomplete or the application documents are not filled in as required, a notice of rejection shall be issued and returned, and the application date shall not be retained.

If the application procedures are basically complete or the application documents basically meet the requirements, but need to be corrected, the Trademark Office will issue the Notice of Correction of Trademark Registration Application. If the applicant makes corrections within the time limit and returns them to the Trademark Office, the date of application shall be kept; If it is not corrected or corrected within the time limit, the Trademark Office will issue a notice of rejection and return it, and the application date will not be retained.

Trademark registration process II. Substantive inspection

Trademark applications enter substantive examination after passing formal examination. After substantive examination, the Trademark Office shall preliminarily examine and approve the trademark application that meets the relevant provisions of the Trademark Law and make an announcement.

If the application is rejected, a notice of rejection shall be issued to the applicant.

If the Trademark Office considers that the contents of the application for trademark registration can be modified, it shall issue an examination opinion. If the applicant gives a reply within the time limit, the Trademark Office will continue the examination.

A trademark that has been preliminarily examined and approved shall be announced by the China Trademark Office in the Trademark Announcement.

Within three months from the date of announcement, anyone may raise an objection to the trademark preliminarily approved by the China Trademark Office.

If it is ruled that there is no objection or the objection is untenable, the China Trademark Office will approve the registration, issue a trademark registration certificate, and make an announcement in the Trademark Announcement; If the objection is established, the registration shall not be approved.

Review request

In the process of trademark registration, if the applicant is not satisfied with the rejection of the trademark registration application by the Trademark Office, he may request a reexamination to the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board shall make a final decision on approval or disapproval of registration and notify the applicant in writing. If a party refuses to accept the objection ruling of the Trademark Office, he may request a review to the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board shall make a final decision and notify the parties in writing.

Can I write TM when applying for a trademark?

According to the revised Detailed Rules for the Implementation of the Trademark Law, there are only three ways to mark a registered trademark, namely, adding a note behind the registered trademark:

1、? Registered trademark? Four Chinese characters;

2、? Notes? Word, note a circle outside the word;

3、? r？ Put a circle outside R, except for that, any other marking method is not in compliance with the law. ? Notes? It is a Chinese character, which is obviously not as popular as (r) in the world, so we suggest that (r) is the best symbol.

TM is the abbreviation of trademark. American trademarks are usually marked with TM, which does not necessarily refer to registered trademarks. R is the abbreviation of REGISTER, which means registered trademark when used in trademark. According to the implementation regulations of China's trademark law, the use of registered trademarks can be indicated on commodities, commodity packages, manuals or other accessories? Registered trademark? Or a registration mark. The use of a registered trademark shall be marked in the upper right corner or the lower right corner of the trademark. So TM and R are trademarks of different countries and have no special relationship. Some domestic companies do not understand the legal provisions, blindly imitate American companies, and use TM marks on trademarks. The trademark you are applying for can be written as TM, but it is generally not recommended to write TM, because it virtually means that the trademark you are using has not been registered successfully and is a new brand.

Trademark application is a time-consuming thing. First of all, choose a LOGO you like and make a simple query to reduce the registration risk.

Can I apply for a trademark for a commodity name?

It depends on the specific situation. The trade name refers to the trade name used to distinguish it from other commodities. Commodity names can be divided into general names and special names.

The generic name of goods refers to the general name of goods that are well known to the public, such as TV sets, computers, tables, clothes, etc. Generic names only refer to the names of similar commodities, and cannot be used to distinguish different commodities of similar commodities. Therefore, the common name of a commodity cannot apply for trademark registration.

Commodity specific names refer to the names of specific commodities, such as yellow rice wine, Moutai, 2 1 Jinweita, etc. A specific name of a commodity can be registered as a trademark without violating the law.

trade mark registration

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