Matters needing attention in applying for trademark registration?
There are many matters needing attention in the process of trademark registration application, and the agent will give specific guidance. However, some problems must be considered and grasped by the applicant himself, so I would like to remind you here to attract the attention of the applicant.
1. Pay attention to trademark inquiry before applying.
Trademark inquiry is an important job. Only through inquiry can we know the priority right and reduce the rejection rate of the application. At present, there are more than one million registered trademarks in China, especially clothing, electronic products, food and other commodities. It is easy to apply for the registration of the same or similar trademarks on the same or similar commodities. According to the data, the rejection rate of the application before the trademark inquiry business is about 40%, and it is only 1 1.3% after the inquiry business.
However, some enterprises do not attach importance to trademark inquiry, and think that trademarks are original and will not be the same as or similar to others' trademarks. As a result, the application was rejected, which not only cost more money, but also delayed time and even affected production.
One more thing must be made clear. After trademark inquiry, it doesn't mean that it can be 100% registered, because at present, only word mark inquiry business is carried out, and the inquiry result is only a reflection of word mark information four months ago, so it is impossible to grasp the prior rights within four months. In addition, China is a vast country, and it is very likely that applicants from different parts of the country will apply for the same or similar trademarks of the same category on the same day. Therefore, the trademark query results are for reference only and have no legal effect.
2. Improve the awareness of self-protection.
Enterprise's trademark self-protection consciousness is embodied in trademark registration and use management. Here, I only talk about the protection awareness that should be possessed when registering.
① Apply for registration in time. Article 18 of the Trademark Law stipulates the principle of applying first. However, some enterprises lack the awareness of trademark registration, which leads to their original and used trademarks being registered by others, resulting in economic losses.
(2) good at weaving strong protective net. When your brand is famous, some people will put similar trademarks on similar products driven by economic interests. In order to effectively prevent others from infringing, it is necessary to scientifically weave a solid protective net. On the one hand, you can apply for registration of some similar trademarks around your own main trademark. For example, Tian Tian, Caida, TEDA, Chaoda and Extra Large have been applied for registration of bubble gum, which effectively protects Da. On the other hand, if the business scope permits, it can expand the category to apply for registration and implement various protection. For example, the company applied for the registration of "Meng Qi" trademarks, which mainly focus on cleaning products and cosmetics, in categories 3, 5, 9, 16, 18 and 25 respectively, and also applied for the registration of similar trademarks such as "Meng Qi", "Qimxy", "Huang Qi" and "Qi Wang".
3. Design a good trademark.
Trademark design involves many fields, usually we have to grasp several elements:
(1) The trademark shall be conspicuous. The more distinctive a trademark is, the more impressive it will be to consumers. For example, trademarks composed of simple geometric figures or overly complex figures cannot produce sensory impressions; Another example is a trademark with only one or two letters in a common font. Because the number of letters is limited, it should not be monopolized by one company. Such as common appellations. These are lack of significance and do not have the function of trademark recognition.
(2) The trademark design shall meet the statutory requirements, and the prohibited words and graphics specified in Article 8 of the Trademark Law shall not be used.
(3) Trademark design should change the tendency of emphasizing realism and advocate the use of words or graphics without specific meaning and originality as trademarks. Such as "Langqi" and "Colgate", these trademarks are original, distinctive and easy to register.
(4) Trademark design should take into account the customs and habits of different countries, regions and nationalities, conform to consumers' psychology and prevent adverse cultural influences.
⑤ Trademark design should be artistic. The designed trademark should be easy to read, easy to read, easy to remember, simple and clear, and give people a sense of beauty.
4. Use and publicize the trademark cautiously and appropriately in the application for registration.
The application for trademark registration does not mean the determination of the exclusive right to use a trademark. Therefore, the use and publicity of the trademark in the application should be prudent and moderate.
(1) Don't mark the words "⑩" and "registered trademark" when using a registered trademark, otherwise it is a registered trademark. According to Article 32 of the Detailed Rules for the Implementation of the Trademark Law, a fine of less than 20% of the illegal business amount can be imposed.
(2) Don't print too much of its outer packaging items, and don't invest too much in advertising fees, so as to avoid economic losses caused by problems in ownership confirmation.
5. Declare trademarks and fill in commodity names scientifically.
(1) Whether to declare a combined trademark or a single trademark depends on what kind of goods the trademark is used on. If the trademark is used in bulk commodities, there is no need to combine trademarks; If the trademark is used in clothing, shoes, belt buckles and other commodities, the combined trademark may not be beautiful enough. Of course, it is better to declare a single trademark.
In addition, whether to declare a combined trademark or a single trademark has its advantages and disadvantages:
From the cost point of view, the current practice is to charge for one type, one standard and one piece, that is, only one application fee is charged for applying for a trademark with graphics and Chinese and foreign languages. If these three items are applied in one category respectively, the fees for three applications will be charged.
Judging from the difficulty of approval, a single trademark is easy to approve, while a combined trademark is difficult to avoid that part of it is similar to the previous trademark applied by others on similar goods, so it is often returned for modification during examination, which often delays the approval time.
Filling in commodity names is an important task and should be carried out under the guidance of professionals. First of all, fill in the commodity name to be standardized and specific. Secondly, you need to choose goods to be protected in all categories. If a generic trademark wants to be protected in the whole category, the declared goods must be carefully selected in each group of this category, and it is important to quote one or more goods suitable for each group. Third, when reporting the quantity of goods, we should consider the cost. At present, there is a rule that an application fee is charged for exceeding the amount, that is, one application limit is 10 goods/services, and each one is charged 100 yuan. Therefore, it is suggested that each application should strive to report 65,438+00 goods/services, even if there are no goods/services at present. As for whether to declare the excess, it should be considered according to the situation and whether the whole category is protected.
Conditions that a registered trademark must meet.
A registered trademark must meet the following conditions:
1, which should have legal requirements. 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. Visually imperceptible trademarks such as audio and gas cannot be registered in China;
2. Trademarks should have distinctive features. The distinctive features of trademarks can be obtained in two ways: first, the distinctive features inherent in the logo itself, such as trademarks with novel ideas and unique designs; Second, through the use of distinctive features, such as narrative marks that directly describe the quality of goods, it is easy to identify after use and can be registered as a "second meaning" trademark.
Method of determining the date of trademark registration application
Determination of application date: China adopts the principle of first application. The date of receipt of the application by the Trademark Office shall prevail. China adopts the principle of one trademark, one application and one category. And subject to 10 small commodities; For each additional product, an extra charge of 100 RMB will be charged.
In addition to the application date, you should also pay attention to:
1, you will be notified to receive the admission notice in about four months.
You will be notified of trademark registration about ten months after the application.
3. The notice period of about 18 months after the application (the notice period is 3 months) is the objection period.
4. You will be notified to collect the certificate about one month after the announcement of self-correction.
The above is the "Matters needing attention in trademark registration application" provided by Bian Xiao. I hope you like it!
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