What Is a Service Mark?

Service marks, also known as service marks or service marks, refer to marks used by service providers to distinguish services provided by themselves from services provided by others. Like a product mark, a service mark can be composed of words, graphics, letters, numbers, three-dimensional signs, sounds and colors, and combinations of the above elements. Once it is registered by a service company, the company also has the exclusive right to use the service mark and is protected by law.

Service mark

Service marks, also known as service marks or service marks, refer to marks used by service providers to distinguish services provided by themselves from services provided by others. versus

(1) Without the permission of the trademark registrant, in the same service or

(A) after revision

(1) How to obtain evidence in service trademark infringement cases.

Service mark and

In trademark registration, service marks are classified into categories 35 to 45, as follows:

Class 35

Advertising; industrial management; industrial management; office affairs.

Class 36

Insurance; finance; monetary affairs; real estate affairs.

Class 37

Building construction; repair; installation services.

Class 38

telecommunications.

Class 39

transport;

According to Article 24 of the Trademark Law of the People's Republic of China

Service Trademark Application

There are two ways to apply for registration of a product or service mark:
(1) Entrust a trademark agency registered with the Trademark Office to handle the matter.
(2) The applicant can go directly to the Trademark Registration Hall of the Trademark Office. (Applicants in the Zhongguancun National Independent Innovation Demonstration Park can also go to the Office of the Trademark Office in Zhongguancun National Independent Innovation Demonstration Zone. No. 9 Zuomiao Administrative Office Hall on the second floor of Haidian District Bureau of Beijing Administration for Industry and Commerce).

Service mark application steps

(1) Where a trademark agency is entrusted to handle the application, the applicant may voluntarily choose any trademark agency registered with the Trademark Office for processing. All trademark agencies registered with the Trademark Office are published in the "Agency" column.
(2) If the applicant goes directly to the Trademark Registration Hall of the Trademark Office, the applicant may follow the steps below:
Search before trademark registration application (optional procedure) prepare application documents submit application documents at the trademark registration hall reception window confirm submission application at the code window pay trademark registration fees at the payment window apply for receipt of fees After the person receives the receipt, the application for trademark registration is completed. The Trademark Office will issue various documents to the applicant by mail, and the "Notice of Acceptance of Trademark Registration Application" can be received in about 3 months. For trademark registration review procedures, please refer to the "Trademark Registration Flowchart". After receiving the "Notice of Collecting a Trademark Registration Certificate", the applicant will go to the Trademark Registration Hall to obtain a "Trademark Registration Certificate".

Search before service mark application

It currently takes about one and a half years for a trademark to be registered and approved. If the trademark registration application is rejected, on the one hand, the trademark registration fee will be lost, and on the other hand, it will take about one and a half years to re-apply for the registered trademark, and whether the re-application for approval is still unknown. Therefore, before applying for a registered trademark, applicants are advised to conduct a trademark inquiry to understand the prior rights and make a judgment based on the results of the inquiry before submitting an application.

Service mark book preparation

(1) Whoever applies for trademark registration in the name of a legal person or other organization shall submit the following application documents:
1. Application for trademark registration stamped with the applicant's official seal.
2. There should be 6 trademark designs (1 posted on the back of the application and 5 submitted). The drawings should be clear and the specifications should be no less than 5 cm and no more than 10 cm in length and width. If the color is specified, 1 coloring pattern is posted, 5 coloring patterns are delivered, and 1 black and white pattern is attached.
3. To go directly to the Trademark Registration Hall, submit the original and photocopy of the applicant's main qualification certificate (such as a business license, etc.) (the original is returned after being compared), or the main body of the applicant who is confirmed by the seal or signature A copy of qualification documents (such as business license, etc.). Where a trademark agency is entrusted to handle the application, a copy of the applicant's main qualification certification document shall be submitted.
4. If you go directly to the trademark registration hall, submit the identity card and photocopy of the handler (the original is returned after comparison); if you entrust the trademark agency to handle it, submit the power of attorney for the trademark agency.
5. If the trademark for which registration is applied is a portrait of a person, a statement document notifying that the portrait right holder agrees to use the portrait as a trademark registration shall be attached.
(2) Where a natural person applies for trademark registration, the following application documents shall be submitted:
1. Application for trademark registration signed by the applicant.
2. There should be 6 trademark designs (1 posted on the back of the application and 5 submitted), and the drawings should be clear and the specifications should be no less than 5 cm and no more than 10 cm in length and width. If you specify the color, paste a coloring pattern, submit 5 coloring patterns, and attach a black and white pattern.
3. If you go directly to the Trademark Registration Hall, submit a copy of the applicant s ID card, and the person who presents the original ID card, and submit a copy; if you entrust the trademark agency to handle it, submit the power of attorney for the trademark agency and the applicant. a copy of ID card.
4. When natural persons apply for trademark registration, they should pay attention to the following matters:
(1) Individual industrial and commercial households may apply for trademark registration under the name registered in their "Individual Industrial and Commercial Household Business License" as the applicant, or they may apply for trademark registration in the name of the person registered on the license. When applying in the name of the person in charge, a copy of the following materials should be submitted:
The ID of the person in charge;
Business license.
(2) A rural contractor may apply for trademark registration in the name of the contractor of the contract, and shall submit copies of the following materials when applying:
ID of signatory;
Contract.
(3) Other natural persons who are permitted to engage in business activities in accordance with the law may apply for trademark registration in the name of the operator listed in the registration documents issued by the relevant administrative authority. When applying, they shall submit copies of the following materials:
the identity card of the operator;
Registration documents issued by relevant administrative authorities.
(4) The scope of goods and services submitted by a natural person for trademark registration applications shall be limited to the scope of business approved in the business license or relevant registration documents, or to its own agricultural and sideline products.
(5) The Trademark Office will not accept applications for trademark registration that do not comply with Article 4 of the Trademark Law.
Where the applicant provides false materials to obtain a trademark registration, the Trademark Office shall revoke the registered trademark.
5. If the trademark for which registration is applied is a portrait of a person, a statement document notifying that the portrait right holder agrees to use the portrait as a trademark registration shall be attached.
(3) Specific requirements for completing the application for trademark registration 1. According to Article 15 of the Regulations for the Implementation of the Trademark Law, relevant documents such as trademark registration applications shall be typed or printed. The Trademark Office will not accept handwritten trademark applications;
2. The name and address of the applicant for trademark registration should be filled in according to the main qualification certificate. If the address in the main qualification certificate does not bear the name of the province, city and county where the company is located, the applicant must add the province , City, county name. The applicant's name official seal shall be exactly the same as the name of the enterprise registered on the subject qualification certificate;
3. Goods or services should be filled in according to the "Classification of Goods and Services" or "Classification of Similar Goods and Services". An application can only fill in one category of goods or services. If the product name or service item is not included in the classification table, a description of the product or service item shall be attached.
4. If the applicant is a natural person, in addition to the name of the applicant, the ID number must be filled in after the name; the address of the applicant can be the actual address or correspondence address of the natural person.
5. If the trademark for which registration is applied for is not a collective mark or certification mark, the applicant should mark "" in the box before "General" in the category of trademark. If the trademark applied for registration is a three-dimensional trademark, the applicant should mark in the box before three-dimensional in the column of trademark type. If the trademark applied for registration is a color trademark, the applicant should mark in the box before color in the column of the trademark type.
6. Please check the application carefully before submitting the application. If you make a mistake, you need to submit the Application for Correction of Trademark Application / Registration Matters (Form 7) and pay a 500 yuan fee. The applicant, goods or service items, and trademark drawings must not be replaced.

Payment of service trademark fees

Within a category of 10 product names or service items, the registration fee for each trademark registration is 1,000 yuan, more than 10 (excluding 10), each additional one, an additional 100 yuan will be charged.
Where a trademark agency is entrusted, the Trademark Office shall deduct the fees from the advance payment of the trademark agency.

Service Trademark Correction Procedure

(I) Brief description 1. In the case of directly applying for trademark registration at the Trademark Registration Hall, if the application procedures are basically complete or the application documents basically meet the requirements, but need to be corrected, the Trademark Office shall notify the applicant in writing to make corrections. The applicant shall return it to the Trademark Office within 30 days from the date of receipt of the notification and make corrections as specified. Failure to make corrections within the time limit shall be deemed to have been abandoned.
2. Where a trademark agency is entrusted to handle a trademark registration application, if the application procedures are basically complete or the application documents basically meet the requirements, but need to be corrected, the Trademark Office shall notify the trademark agency in writing to make corrections. The trademark agency shall return it to the Trademark Office within 30 days from the date of receipt of the notification and make corrections as specified. Failure to make corrections within the time limit shall be deemed to have been abandoned.
(II) Precautions 1. The applicant may amend or delete the non-standard or non-specific goods or services according to the requirements. The amendment shall still fill in the normative name in accordance with the "Classification of Similar Goods and Services", but shall not expand the scope of goods or services.
2. For amendments sent back due to unclear trademark designs or the need to fill in the trademark description, the applicant shall make corrections as required by the Trademark Office, and shall not make any substantial modification to the trademark designs, otherwise it shall be deemed invalid.
3. The applicant shall affix the applicant s official seal in the corresponding blank space after making amendments in accordance with the requirements of amendments. If the applicant is a natural person, he should sign it. If it is an application for trademark registration entrusted by a trademark agency, it should be stamped with the official seal of the trademark agency.

Service trademark rejection procedure

(1) Briefly explain that Article 21 of the Regulations for the Implementation of the Trademark Law stipulates that: the Trademark Office shall, upon acceptance of a trademark registration application accepted and the registration application for the use of a trademark on some designated commodities, comply with the provisions, make preliminary examination and make an announcement; Where the application for registration of the use of a trademark on some of the designated goods does not meet the requirements, the application for registration of the use of a trademark on some of the designated goods shall be rejected, and the applicant shall be notified in writing and the reasons therefor.
(2) After processing the "Notice of Rejection of Partial Registration of Trademark" printed by the Trademark Office under a uniform number, it will be sent to the applicant directly by registered letter. If it is represented by a trademark agency, it will be sent to the trademark agency (except for self-collection).
If the "Trademark Registration Partial Rejection Notice" fails to reach the applicant or trademark agency and is returned by the post office, the Trademark Office will publish the "Trademark Registration Partial Rejection Notice" service announcement on the "Trademark Announcement", and the notice Within 30 days from the date of delivery.

Service mark considerations

1. When filling in the trademark registration application, the applicant should fill in the address according to the business license. After the application is submitted, if there are any issues such as correction, rejection or partial rejection, preliminary examination announcement, and receipt of the "Trademark Registration Certificate", the Trademark Office will serve the applicant by registered mail in accordance with the address. If the actual address of the applicant does not match the address of the business license, the address change of the business license shall be processed before the application is submitted. If an address change occurs after the application for trademark registration is submitted, an application for address change may be processed with the changed business license and corresponding procedures.
2. If the Trademark Office receives the application and finds that the formalities are complete and fill in the specifications after formal examination, it will generally send the applicant a "Notice of Acceptance" by registered mail within about three months. If it is an application for trademark registration entrusted by a trademark agency, the Trademark Office will mail the "Notice of Acceptance" to the trademark agency. The "Notice of Acceptance" only indicates that the trademark registration application has been accepted by the Trademark Office and does not indicate that the application has been approved.
3. If the application for trademark registration is rejected, the applicant may apply to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce for reexamination within 15 days from the date of receipt of the rejection notice if the application for rejection is rejected.
4. If the trademark applied for registration is challenged, if the applicant is dissatisfied with the opposition decision of the Trademark Office, it may apply for review to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce within 15 days from the date of receipt of the opposition decision.
5. Without applying for correction and being challenged, it takes about one and a half years for a trademark from application to receipt of the Trademark Registration Certificate. After the trademark is approved for registration, if the trademark registration application is processed directly in the Trademark Registration Hall, the Trademark Office will send a "Notice of Collecting a Trademark Registration Certificate" in accordance with the name and address of the applicant filled in the trademark registration application; if it is For trademark registration applications entrusted by a trademark agency, the Trademark Office will mail the "Trademark Registration Certificate" to the trademark agency.
6. The trademark is still an unregistered trademark after the application is filed but before the registration is approved, and it must still be used as an unregistered trademark. If the use of the trademark infringes the exclusive right of another person's trademark, it will not affect the investigation and punishment of the act by the relevant industry and commerce administration.
7. If the applicant needs to make a trademark inquiry, he can go to the inquiry window of the Trademark Registration Hall before applying, or log in to "China Trademark Network" to make an inquiry. The prior rights information provided by the inquiry is for the reference of the inquirer only, and the reception window of the Trademark Registration Hall is not responsible for interpretation.
8. The validity period of a registered trademark is 10 years, calculated from the date of approval of registration. Where the use of a registered trademark requires continued use, the registrant shall apply for renewal of registration within 6 months before the expiration. If the registrant fails to make an application for renewal within this period, it may be filed within the grace period of 6 months after the expiration, but the renewal registration delay fee must be paid. If the renewal application has not been filed after the grace period expires, the Trademark Office will cancel the registered trademark. If the original registrant wishes to continue to have the exclusive right to use the trademark, he must re-apply for registration.
9. Precautions for natural persons when applying for trademark registration According to the provisions of Article 4 of the "Trademark Law of the People's Republic of China", natural persons engaged in production, manufacturing, processing, picking, dealerships or providing services need to obtain the exclusive right to use a trademark. Office applied for trademark registration. To handle applications for trademark registration and transfer in the name of a natural person, in addition to submitting materials such as the Application for Trademark Registration and trademark drawings in accordance with relevant regulations, the following matters should be noted:
(1) Individual industrial and commercial households may apply for trademark registration under the name registered in their "Individual Industrial and Commercial Household Business License" as the applicant, or they may apply for trademark registration in the name of the person registered on the license. When applying in the name of the person in charge, a copy of the following materials should be submitted:
The ID of the person in charge;
Business license.
(2) A rural contractor may apply for trademark registration in the name of the contractor of the contract, and shall submit copies of the following materials when applying:
ID of signatory;
Contract.
(3) Other natural persons who are permitted to engage in business activities in accordance with the law may apply for trademark registration in the name of the operator listed in the registration documents issued by the relevant administrative authority. When applying, they shall submit copies of the following materials:
the identity card of the operator;
Registration documents issued by relevant administrative authorities.
(4) The scope of goods and services submitted by a natural person for trademark registration applications shall be limited to the scope of business approved in the business license or relevant registration documents, or to its own agricultural and sideline products.
(5) The Trademark Office will not accept applications for trademark registration that do not comply with Article 4 of the Trademark Law and notify the applicant in writing.
Where the applicant provides false materials to obtain a trademark registration, the Trademark Office shall revoke the registered trademark.
(6) Where the transferee is applying for a trademark, and the assignee is a natural person, he shall refer to the above matters.