20 16 what are the procedures and conditions for trademark registration in Beijing?

It is common to register a trademark in Beijing, so what is the latest process of registering a trademark in Beijing? What are the conditions for registering a trademark? Bian Xiao brought it to you? Trademark registration? Related knowledge, this may be what you need.

Conditions for applying for registration of a trademark (1) A trademark applied for registration must have constitutive requirements;

(2) The trademark applied for registration shall be significant;

(3) A trademark applying for registration shall not use any sign prohibited by law.

(4) The trademark applied for registration shall not be the same as or similar to the trademark registered or preliminarily approved by others on the same or similar goods or services.

(5) The trademark applied for registration shall not be the same as or similar to the registered trademark that has been revoked or cancelled for less than one year.

Conditions of the applicant for trademark registration

China applicants for trademark registration are natural persons, legal persons or other organizations.

When a foreigner or foreign enterprise applies for trademark registration in China, the Trademark Office shall handle it according to the agreement signed between the country to which it belongs and China or the international treaties to which it is a party, or according to the principle of reciprocity.

Trademark registration process 1. 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.

Special protection of well-known trademarks What are the special protection of well-known trademarks? The Interim Provisions on the Recognition and Management of Well-known Trademarks has made strict operational provisions, mainly in Articles 8, 9 and 10. Article 8 stipulates that the Trademark Office of the State Administration for Industry and Commerce shall reject an application for registration of a trademark identical with or similar to another person's well-known trademark on a large number of similar goods, which may harm the rights and interests of well-known trademark registrants; If a well-known trademark has been registered, the registrant may request the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce to cancel it within five years from the date of registration, but there is no time limit for malicious registration. Article 9 stipulates that if a trademark identical with or similar to another person's well-known trademark is used on non-similar goods, and it will imply that the goods have some connection with the well-known trademark registrant, which may damage the rights and interests of the well-known trademark registrant, the well-known trademark registrant may request the administrative department for industry and commerce to stop it within two years from the date when he knows or should know.

Article 10 stipulates that the administrative department for industry and commerce shall not approve the registration of a well-known trademark if others use the same or similar words in the name of an enterprise from the date when it is recognized, which may mislead the public; If it has been registered, the registrant of a well-known trademark may request the administrative department for industry and commerce to cancel it within two years from the date when it knows or should know. In addition, Article 12 specifically stipulates that calling a trademark a well-known trademark without being recognized by the State Administration for Industry and Commerce is an act of deceiving the public and will be punished according to the circumstances.

What are the procedures for the transfer of registered trademarks (1)? Trademark transfer procedures: acceptance? Review? Announcement? Issue a transfer certificate.

(2) Documents required for trademark transfer:

(1) trademark transfer/registration application;

(2) Identification documents of the transferor and the transferee (photocopy);

(3) Submit the power of attorney issued by the transferee, and directly submit the original and photocopy of the ID card of the transferee's agent in the acceptance hall;

(four) to apply for transfer, it shall also submit the relevant documents;

(5) If the application documents are in a foreign language, a Chinese translation signed and confirmed by the translation agency shall also be provided.

(3) Time for trademark transfer: it takes about 6- 10 months.

trade mark registration

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