How to register a trademark? 1. Select the registration method.
One is to apply for registration in the Trademark Office of the State Administration for Industry and Commerce; The other is to entrust an experienced trademark agency to organize agency services.
Note: If you have no experience in registering trademarks and do not understand relevant laws and regulations, I suggest you entrust an agency to help, which will save you a lot of time and energy. I have entrusted a similar organization to help me register before, and the handling fee is only 1000 yuan-ranging from 300 yuan.
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It is best to find an authoritative inquiry company before registration, because your trademark may be the same as or similar to that of other registrants, so the inquiry before registration can greatly reduce the risk of trademark registration and improve the certainty of trademark registration.
Note: Because different people are in charge of trademark inquiry and examination, they may have different opinions on the viewpoint of examination, so the result of trademark inquiry cannot be used as the final legal basis.
Step 2 prepare materials
Prepare 10 trademark patterns (10 color patterns and 1 1 black-and-white ink draft are required for color trademarks with specified colors), with the length and width not exceeding 10 cm and not less than 5 cm. If the direction of the trademark pattern is not clear, the upper and lower parts should be marked with arrows; If an individual applies, he/she needs to show his/her ID card and submit a copy, plus a copy of his/her business license. The business scope is consistent with the registered trademark; If an enterprise applies, it shall present and submit a copy of its business license; An application for trademark registration stamped with the official seal of the unit.
Step 3 start applying
4. Apply according to the classification of goods and services.
At present, goods and services are divided into 45 categories, including 34 categories of goods and services 1 1. When applying for registration, the category of goods or services using trademarks shall be determined according to the classification in the Classification Table of Goods and Services; Where the same applicant uses the same trademark on different categories of goods, it shall apply for registration according to different categories.
5. Determination of application date
This is the most important point: because China adopts the principle of applying first in trademark registration, once you have a trademark dispute with other enterprises, the enterprise with the earlier application date will be protected by law. Therefore, it is very important to establish the application date, which is based on the date when the Trademark Office receives the application.
Then there are three procedures: trademark examination, preliminary examination announcement and registration announcement. It should be emphasized that a trademark that has passed the preliminary examination by the Trademark Office cannot be registered until three months after the announcement, and the trademark is protected by law. The period of validity of a registered trademark is ten years, counting from the date of approval of registration. If it is necessary to continue to use the trademark after the expiration of the validity period, it may apply for the renewal of the trademark registration.
6. Obtain a trademark registration certificate
After a trademark is registered, the Trademark Office issues a certificate to the registrant.
If it is organized by an agent, the agent will send the trademark registration certificate to the registrant; In the case of direct registration, the registrant shall obtain the trademark registration certificate from the Trademark Office within three months after receiving the Notice of Obtaining the Trademark Registration Certificate, and shall also bring: a letter of introduction for obtaining the trademark registration certificate, the ID card and photocopy of the witness, the original and photocopy of the business license stamped by the local industrial and commercial department, the notice of obtaining the trademark registration certificate, and the certificate of change issued by the industrial and commercial department.
Note: It usually takes about one year to three and a half years from the application to the issuance of a new trademark, in which the acceptance and formal examination of the application takes about one month, the substantive examination takes about 24 to 30 months, the objection period is three months, and the approval announcement takes about two months to the issuance of the trademark.
The necessary procedures for applying for trademark registration include five stages: application, formal examination, substantive examination, preliminary examination announcement and registration.
The first stage: prepare the application documents and submit them to the expired Trademark Office, and you can get the receipt of the list submitted by the Trademark Office on the same day. The receipt says that the Trademark Office passed the center? Copy that? The seal and date of receipt prove that the Trademark Office has received the relevant application documents. Generally, you can't give the original receipt of the list to the customer, but only a copy, because the original receipt of the list is used by the agency and the Trademark Office for reconciliation.
Stage 2: Notice of acceptance will be issued within about 1-3 months from the date when the Trademark Office receives the application documents. The receipt of the acceptance notice proves that the application documents have passed the formal examination of the Trademark Office and entered the substantive examination stage. The notification of acceptance of each trademark application has the application number, and the substantive examination must be carried out in order, and under no circumstances can it be advanced.
The third stage: after receiving the notice, it takes about one year to one and a half years to complete the substantive examination. If the announcement passes the substantive examination, the Trademark Office will issue a preliminary examination and approval announcement for a period of three months.
The fourth stage: if no objection is raised at the expiration of the preliminary examination and approval announcement, the Trademark Office will issue a registration announcement to prove that the trademark has been approved and the trademark applicant has obtained the exclusive right to use the trademark.
The fifth stage: the trademark registration certificate can be obtained about one month from the date of publication of the registration announcement.
Time spent in each stage
Trademark inquiry (within 2 days)? Preparation of application documents (within 3 days)? Submit an application (within 2 days)? Pay trademark registration fee? Trademark form review (1 month)? Issue a notice of trademark acceptance? Trademark substantive examination (1February)? Trademark announcement (3 months)? Issue a trademark certificate
What is the principle of trademark naming? To name a trademark, in addition to meeting the statutory requirements for trademark naming, the following principles should also be noted:
1. Easy to identify, read, understand, remember and write.
The name of a trademark must first be clear and concise; Words should be easy to understand, and don't use obscure words; Use characters with simple strokes that are easy to write and print, and don't use ancient characters and obsolete characters with complex strokes that are difficult to identify or have been eliminated; Pronunciation should be loud and fluent, with musical aesthetic feeling, and bending and twisting should be avoided. In addition, the text of the name cannot be too long.
2. Grasp the characteristics and highlight the key points
Trademark name is very short, which can only show the characteristics of a certain aspect of the goods, so we should grasp the characteristics and highlight the key points. This kind of prominence, or focusing on identity, for example? Kweichow Moutai? ; Or focus on display technology, such as? The essence of ancient Chinese health? ; Or highlight materials, such as? Two-sided needle toothpaste; Or focus on showing value, for example? Diamond fans? ; Or focus on demonstrating utility, such as? Belle brand soap? ; Or sketch an image, like? White rabbit toothpaste? ; Or show interest, like? Xiyingmen towel quilt? ; Or show style, like? Piano princess? ; Wait a minute.
3. name and reality should be integrated to avoid self-contradiction
The name should reflect a certain characteristic of the commodity from a certain aspect, should be associated with the commodity, and there should be no phenomenon that the name of the commodity does not match the reality or damage the image of the commodity. Like what? Panther brand agricultural vehicle? ,? Panther? Shows the power of the car. Chrysanthemum? Electric fan? Chrysanthemum? It gives people a cool feeling, combining name with reality, and it is reasonable.
4. Consider the psychology of consumers.
Commodities have a certain number of consumers, and naming should consider the psychology of consumers in order to win the market. For example, children's products should consider children's psychology: so there are little angel children's shoes, white rabbit toffee and Wahaha fruit milk. Health care products for the elderly should consider the psychology of the elderly: so there are Bainianle Chinese patent medicine, Laolaifu oral liquid and Ruyi brand crutches. Cosmetics are mainly consumed by young women, so the brand names are fashionable and foreign: Aoqi, Yaqian, Head & Shoulders, Lihua Bao Si and Golden Ballet. High-end consumer goods, according to the characteristics that buyers should choose carefully, use brand names to indicate the preciousness, sophistication, durability and advanced quality of the goods, so there are Strauss piano, Panda TV, Aerospace refrigerator, Sapphire watch and so on.
5. Names should be beautiful and meaningful.
The so-called aesthetic feeling is that the name is vivid and can make people have good associations. Such as: tulip wallpaper, penguin sweater, lotus gourmet powder.
Implication means that a name can contain more information. Like what? Do you like it? It not only shows that the product introduces Italian technology, but also tells people that the product is satisfactory. ? Old Frye? It not only has the meaning of providing for the elderly and being blessed in Chinese, but also is homophonic with English LONGLIFE.
Top right corner of registered trademark? r？ And then what? TM？ What do you mean? What is the difference? According to the revised Detailed Rules for the Implementation of the Trademark Law, there are only three ways to mark a registered trademark, that is, add a note after the registered trademark: a? Registered trademark? Four Chinese characters, b,? Notes? Put a circle outside the word c, 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.
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