20 16 process and time required for domestic trademark registration

What process does China need for trademark registration this year? How long does it take to register a trademark? Bian Xiao brought it to you? Domestic trademark registration? Related knowledge, this may be what you need.

What are the rules for the process and time of trademark registration? 1, design? Before applying for trademark registration, you can entrust our company or design it yourself. Trademark design should pay attention to the following points: (1) originality, that is, trademark design should be innovative; On the one hand, it is necessary to meet the requirements of distinctiveness, on the other hand, creative trademarks are easy to expand the popularity of goods and quickly occupy the market. (2) The name of a trademark should avoid being associated with the function of the commodity. (3) The design of trademarks should highlight the theme and make a reasonable layout.

2. query? Trademark inquiry usually refers to the inquiry about trademark information made by the applicant for trademark registration in order to know whether there is a prior trademark right that may conflict with the trademark he applied for registration. It takes a long time for a trademark to apply for registration. If the application for trademark registration is rejected, on the one hand, the trademark registration fee will be lost, on the other hand, it will take longer to reapply for registered trademarks, and it is still unknown whether the reapplication can be approved for registration. Therefore, before applying for a registered trademark, the applicant had better make a trademark inquiry to understand the prior rights. There are two kinds of query services: one is internal query service; The other is 7- 14 working days for government inquiry service.

3. apply? The application documents for trademark registration shall be submitted to the Intellectual Property Department of Hong Kong.

4. accepted? After receiving the application materials for trademark registration, the Intellectual Property Department of Hong Kong will give an application number and issue an acceptance notice, which will take about one week.

5. review? Trademark review is divided into two processes: formal review and substantive review. Formal examination means that before examining the application, the Trademark Registration Office will carefully examine the application and all its attachments to see whether the required parts in the form have been filled in, whether the relevant information is correct and whether the required information is incomplete. If everything is ready, the application procedure will enter the next stage (substantive examination stage). Substantive examination means that the Trademark Registration Office searches the trademark records after checking the shortcomings of the application and making sure that all the information is complete, so as to determine whether other businesses have registered or applied for the registration of the same or similar trademarks for the same or similar goods or services. At the same time, the Trademark Registry will check whether the relevant trademarks meet the registration requirements of the Trade Marks Ordinance. If approved, the application procedure will enter the next stage (gazetting and announcement stage).

6. announcement? After the application is approved by the Trademark Registry, it will be published in the Hong Kong Intellectual Property Gazette for three months. If no one raises an objection, the trademark can be successfully registered.

7. sign up? If there is no objection to the trademark announcement or the objection is not established after the ruling, the registration is successful. In general, it takes about 6 months to obtain the registration certificate. After successful registration, the validity period is 10 year, and the fee can be renewed on time in the first half of the expiration.

Trademarks that can be registered which trademarks should be registered? Prohibited words and graphics shall not be used.

Article 9 of the Trademark Law stipulates that a trademark applied for registration shall have distinctive features and be easy to identify? . The requirement that a trademark must have distinctive features is determined by its identification function. When a trademark is used in the market, consumers should clearly know that it is a trademark, not a decoration or explanation. Therefore, trademarks must have distinctive features and be easy to identify.

Except for distinctiveness, according to Articles 10 and 11 of the Trademark Law, a trademark may not use the following words and figures:

(1) It is forbidden to use the same or similar trademarks as the national name, national flag, national emblem, military flag and medal of People's Republic of China (PRC).

(2) It is forbidden to use trademarks that are identical with or similar to foreign names, national flags, national emblems and military flags. Except those agreed by the government.

(3) identical with or similar to the name, flag or emblem of an intergovernmental international organization. Except with the consent of the organization or not easy to mislead the public.

(4) identical with or similar to the official mark or inspection mark indicating the implementation of control and guarantee. Except those authorized.

(5) the same? Red Cross? 、? Red moon? Logo and name are the same or similar.

(6) the common name and figure of the commodity. The generic name of this commodity refers to the name of a certain kind of commodity commonly used in a certain range. It is forbidden to use the common name and figure of a commodity as the trademark of the commodity, on the one hand, because it cannot distinguish different operators and is not significant; On the other hand, it is to prevent generic names and graphics from being monopolized unfairly. However, this name or figure can be approved if it is combined with prominent signs to apply for registration.

(seven) directly indicating the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods. Words or graphics that directly indicate the quality, main raw materials, functions, uses, weight and quantity of goods or services are descriptive words or graphics commonly used by operators in their goods or services, which belong to the category of * * * *, and exclusive monopoly should be prohibited. If the words or graphics of a trademark indirectly describe or only imply the quality of the goods or services it uses, or other parts of the trademark are significant, it can be registered.

(8) ethnic discrimination.

(9) exaggerating propaganda is deceptive. The words, graphics or their combination of trademarks exaggerate and publicize the quality, main raw materials, functions, uses, weight and quantity of the goods and services used by them, which are deceptive and are prohibited from being used as trademarks. But those who exaggerate but are not deceptive are not subject to this restriction.

(10) is harmful to socialist morality or has other adverse effects. Any behavior that violates social public interests and public order and socialist morality is prohibited by this clause.

(1 1) The geographical names of administrative divisions at or above the county level or foreign geographical names known to the public shall not be used as trademarks, except that the geographical names have other meaning or are part of collective trademarks or certification trademarks.

Geographical name trademarks are easily regarded as indicating that goods and services come from a certain place, lacking the function of distinguishing different operators and not suitable for monopoly. Therefore, it is one of the international practices to prohibit the use of place names as trademarks.

In addition to the above, the Trademark Law also requires that the trademark applied for registration shall not infringe upon other people's prior rights such as copyright and patent right of design, and shall not copy or imitate other people's well-known trademarks.

When using a registered trademark, we should pay attention to the use of the trademark, including the use of the trademark in commodities, commodity packaging or containers and commodity transaction documents, or the use of the trademark in advertisements, exhibitions and other production activities. Commercial documents such as sales invoices and contracts are important parts of commodity trading activities, and the use of trademarks in these commercial documents should be regarded as trademarks? Use? . Does oral sex count in business activities? Use? , need to be combined with other use cases for comprehensive judgment.

Registrants should pay attention to the following issues when using registered trademarks:

First of all, the exclusive right to use a registered trademark is limited to the trademark approved for registration, that is, the trademark logo used should be consistent with the trademark logo approved for registration, and can only be enlarged and reduced in proportion, and the text, graphics and color of the trademark cannot be changed by itself.

Because the fonts of Chinese characters and letters are different, and the appearance of various fonts of the same word is sometimes far apart, such as simplified Chinese characters and traditional Chinese characters, the case of English letters and so on. , so it is required to use any registered font. Sometimes, for aesthetic or other reasons, the registrant will change the font of the trademark, for example, changing bold to italic. This slight change is still allowed in practice.

The same is true of graphics in trademarks. Slight changes to the registered trademark are allowed, such as adding boxes, circles or lines. However, if the text or graphics are changed greatly to form different appearance images, it may constitute a change of registered trademark or even impersonation of a registered trademark. More seriously, if the changed appearance image is similar to the registered trademark of others, it may also constitute. At the same time, if the trademark used is different from the registered trademark, it may also bring adverse effects to the protection of the trademark, because the exclusive right to protect the registered trademark is based on the registered trademark, not on the actually used trademark.

Secondly, registered trademarks must be used on goods and services approved for use. The application for trademark registration must be filed according to different categories according to the provisions of the classification table of similar goods and services. After approval, the goods or services approved for use shall prevail. Where a registered trademark needs to be used on other different kinds of goods or services, a separate application for registration must be filed. The goods or services actually used are beyond the approved scope of goods or services, or used across categories, and should not be marked for registration, otherwise it is an act of counterfeiting registered trademarks. Anyone who is identical with or similar to another person's registered trademark in similar goods or services shall also bear the legal liability for trademark infringement.

Domestic trademark registration

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