What Is the Incorporation Process?
Trademarks are used by producers or operators of goods on the goods they produce, manufacture, process, pick, or distribute, or on the services provided by service providers. They are used to distinguish the source of goods or services. , Letters, numbers, three-dimensional signs, colors or sounds, signs with distinctive characteristics are the products of modern economy. In the commercial field, trademarks, including words, graphics, letters, numbers, three-dimensional signs, colors and sounds, as well as combinations of the above elements, can be registered as trademarks. The trademark approved by the state is a "registered trademark" and is protected by law.
Trademark registration procedure
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- Chinese name
- Trademark registration procedure
- Use
- Differentiating the origin of goods or services
- Logo
- Text, graphics, letters, 3D logos
- Trademark registration
- A trademark legal process
- Trademarks are used by producers or operators of goods on the goods they produce, manufacture, process, pick, or distribute, or on the services provided by service providers. They are used to distinguish the source of goods or services. , Letters, numbers, three-dimensional signs, colors or sounds, signs with distinctive characteristics are the products of modern economy. In the commercial field, trademarks, including words, graphics, letters, numbers, three-dimensional signs, colors and sounds, as well as combinations of the above elements, can be registered as trademarks. The trademark approved by the state is a "registered trademark" and is protected by law.
- If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for the goods it produces, manufactures, processes, picks, or distributes, it shall apply to the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) to apply for trademark registration . The narrow application for trademark registration refers only to the application for registration of goods and services trademarks, the application for international trademark registration, the application for certification trademark registration, the application for collective trademark registration, and the application for registration of special signs. In addition to trademark registration applications in a narrow sense, applications for trademark registration in a broad sense also include changes, renewals, transfer registration applications, opposition applications, trademark filing contracts, and other trademark registration matters.
- As of December 9, 2010, China has accumulatively applied for 8.213 million trademark registrations, 5.545 million registered trademarks, and 4.481 million valid registered trademarks, ranking first in the world.
- As of December 9, 2010, a total of 1.402 million trademark registration applications have been examined, and 1.4 million tasks have been completed in excess of the annual examination. The trademark examination cycle has been shortened to within one year. Due to the shortened trademark registration cycle, the number of trademark registration applications has also increased significantly, and the number of trademark registration applications has exceeded one million
- Trademark registration is a trademark legal process. by
- The registration fee is charged by the number of categories, and the cost of each trademark for each category:
- 300 yuan for each general trademark (ten-year validity, including ten-year fee, domestic company or individual, of which the state fee is 300 yuan)
- The agency reports a general trademark of 1600 yuan each (a ten-year validity period, including a ten-year fee, a domestic company or individual, of which the national fee is 800 yuan)
- Collective and certification marks of 3,000 yuan each (ten-year validity period, including ten-year fees, foreign companies or individuals, of which the national fee is 3,000 yuan)
- 1. A copy of the business license is required to apply in the name of a company.
- I. Brief description
- The trademark registration certificate is a written certificate issued for the convenience of the trademark registrant. It has the same legal effect as the Trademark Registration Certificate. The applicant providing a trademark registration certification application must be the owner of the registered trademark.
- How to apply
- There are two ways to apply for a trademark registration certificate:
- (1) Entrusted by a nationally recognized trademark agency.
- (2) The applicant goes directly to the Trademark Registration Hall of the Trademark Office.
- Steps for handling
- (1) Where a trademark agency is entrusted to handle the application, the applicant may voluntarily choose any country-approved trademark agency to handle the matter. 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 to handle the application, the applicant may follow the steps below:
- Prepare application documents Submit application documents at the Trademark Registration Hall reception window Enter the barcode on the receipt window Pay the application fee at the payment window
- 4. Preparation of application documents
- To apply for a trademark registration certificate, the following documents should be submitted:
- 1. Each application provides 1 registration certificate of the registered trademark, and submits one application for providing the trademark registration certificate; 2. To go directly to the trademark registration hall, submit a copy of the applicant's business license and affix the official seal of the unit, "Trademark Registration Certificate Copy and copy of the ID card of the operator; if the trademark agency is entrusted to handle it, a power of attorney for the trademark agency shall be submitted.
- Note: The application for international registration certificate should add G before the international registration number and indicate the type of application.
- [3]
- On July 23rd, another 2015 Top 25 projects in the 2015 "Shared New Startup Cup" Intellectual Property Innovation and Entrepreneurship Contest, the first domestic trademark service O2O platform "Biaotianxia" held a launching ceremony at the media cafe in Beijing. Announced the official launch. It is understood that Biaotianxia is a platform that gathers national trademark service agencies to serve national enterprises.
- Any visible signs that can distinguish the goods of natural persons, legal persons or other organizations from those of others, including text, graphics, letters, numbers, three-dimensional signs and color combinations, and combinations of the above elements, can be registered as trademark applications. .
- The trademark applied for registration should have distinctive features, which are distinguished from narrative, well-known and public signs, and from other people's goods or services, so as to facilitate consumer identification.
- When applying for trademark registration and transfer in the name of a natural person,
Before trademark registration, especially in the process of design and mutual transmission, you can also take measures to prevent preemptive registration infringement of trademark design. When the trademark graphic design copyright dispute, provide preliminary evidence 1. In the choice
- Trademarks are used by producers and operators of goods on the goods they produce, manufacture, process, pick, or distribute, or on the services provided by service providers. They are used to distinguish the origin of goods or services, so trademarks have different types. . If you need to classify by trademark, it can be divided into several categories:
- 1. A certification mark is controlled by an organization that has the ability to supervise a certain product or service, and is used by units or individuals outside the organization for its goods or services to prove the origin, raw materials, Manufacturing method, quality or other specific quality marks;
- 2. Business trademark refers to a trademark used by a producer or operator to use a specific logo or company name on a product that it manufactures or manages. Such a logo is also called a "factory logo", "shop logo", or "company logo." ";
- 3. Grade refers to the same trademark or different trademarks used on a commodity with different product quality, specifications, and grades;
- 4. Family-based trademarks are based on certain trademarks, which are then combined with various words or graphics and used on various products of the same enterprise, also known as "derived trademarks";
- 5. Standby trademarks, also called storage trademarks, refer to the registration of several trademarks on the same or similar goods at the same time or separately. They are not necessarily used immediately after registration, but are stored first and used when needed;
- 6. Grouped trademarks refer to several trademarks that are used in order to distinguish the same kind of products due to different varieties, specifications, grades, and prices, and use these several trademarks as one group to apply for registration at one time. There are similarities between group mark and grade mark;
- 7. Joint trademarks refer to several identical or similar trademarks registered by the same trademark owner on the same or similar goods. Some of them are similar in text and others are similar in graphics. These trademarks are called joint trademarks. After such similar trademarks are registered, they are not necessarily used. The purpose is to prevent others from counterfeiting or registering, thereby protecting their trademarks more effectively;
- 8. Advertising trademark, as its name implies, is a trademark used for publicity;
- 9. Common sense of defense trademark registration refers to well-known trademark owners. In order to prevent others from using their trademarks on different categories of goods, they register their trademarks separately on non-similar products. Such trademarks are called defense trademarks.
- Single country trademark application
- 1. Introduction to International Single Country Trademark Registration <br /> One-by-one country registration refers to the applicant, usually through an agent, to go directly to a country, country or region to apply for trademark registration. Registration from one country to another needs to be handled in accordance with the specific legal procedures of each country, and the corresponding fees should be paid according to the charging standards of different countries.
2. Benefits of International Single Country Trademark Registration (1) The form of country-by-country registration is the fastest and most convenient. The registration cycle depends on the laws and practices of each country.
(2) If there are some problems during the application process, you can contact the law firm of the foreign partner at any time to keep abreast of the progress of registration in the applicant country.
(3) The applicant does not need to make a basic application in the country of origin, and can directly apply to the country that needs to be registered. Applying directly to each country is the most common application method.
3 , application basis <br /> no basic registration requirements. Any natural or legal person in the country who wants trademark protection at the African Intellectual Property Organization.
4. Documents provided by the applicant (1), power of attorney: provided by the company, signed and sealed by the applicant;
(2) Two copies of the applicant's identity certificate;
(3) Chinese and English name and address of applicant;
(4) Categories and names of goods / services to be protected;
(5) Trademark drawings.
- Trademark application
- Madrid Trademark Registration < br The international trademark registration generally refers to the Madrid International Trademark Registration.
Madrid trademark international registration refers to the Madrid Agreement for the International Registration of Marks (hereinafter referred to as the "Madrid Agreement") signed on April 14, 1891 in the Spanish capital Madrid, or the "Trademarks" adopted in Madrid on June 27, 1989 The trademark registration system between the member states of the Madrid Union established by the relevant protocols of the Madrid Agreement on International Registration (hereinafter referred to as the "Protocol") and their common implementing rules.
As of December 31, 2003, there were 75 member states (or contracting parties) of the Madrid Union.
- I. Features of the Madrid International Trademark Registration <br /> The Madrid Trademark International Registration is characterized by saving effort, time and money, submitting an application for trademark registration once, paying a fee in one language, and completing it within one year.
1. Labor saving: The trademark authorities of the member states of the Union directly handle the international registration of trademarks with the International Bureau of the World Intellectual Property Organization, and do not need to entrust foreign agencies to apply on their behalf.
2. Time saving: Member states agree that trademark examination must be completed within one year / one and a half years (within one year for agreement countries / one and a half years for protocol countries); otherwise, the applied trademark is automatically protected in that country.
3 , save money: pay a uniform fee calculated in Swiss francs, do not need to go to each of the designated protection countries in the member states to pay a separate fee. The cost of international registration is lower than the cost of registering in each country separately.
2. Qualifications of Madrid trademark international registration applicants <br /> Chinese applicants must meet one of the following requirements to submit an international trademark registration:
1. Establish a real and effective business office in China; or 2. Set up a residence or headquarters in China; or 3. Have Chinese nationality, including Taiwan compatriots and Chinese diasporas in various places.
III. Madrid Trademark International Registration Application Requirements <br /> Chinese applicants must submit one of the following conditions to submit an international trademark registration:
1. Submit an application for registration in accordance with the Madrid Agreement (designated country is the agreed country): The trademark applying for international registration must be a registered trademark approved by the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office).
2. Submit an application for registration in accordance with the Madrid Protocol (designated countries include pure protocol countries): The trademark applying for international registration must be a trademark application that has been accepted by the Trademark Office or has been approved for registration.
3. The content of the trademark applying for international registration must be exactly the same as the content of the trademark registered by the applicant in the country. The goods designated for use shall be the same as or not exceed the scope of the originally registered goods.
4. Madrid Madrid International Registration Application Procedures <br /> The application procedures are handled by the China Trademark Office to the International Bureau. The application procedures for the international registration of trademarks must be submitted to the China Trademark Office by the applicant, and the China Trademark Office shall uniformly register with the World Intellectual Property Organization International Bureau in Geneva, Switzerland. The International Bureau does not accept individual applications by individual companies.
V. Madrid trademark international registration procedure <br /> The date of international trademark registration shall be the date on which the national trademark office receives the application. When the application procedures are complete, the Trademark Office prepares an application number and mails the application to the International Bureau. If the application for trademark international registration is complete, it takes about 3-4 months for the International Bureau to issue a trademark registration document.
Each protection country designated in the application accepts examination applications in accordance with their national laws. If the trademark for which protection is applied (that is, the trademark for extended protection) is rejected by the country designated for protection within one year / one and a half years (within one year of the agreement country / one year and a half of the protocol country) from the date of application, the applicant may Rejected national law, entrust agency organization to appeal. If the application is not rejected within the aforementioned one-year / one-and-a-half year period (that is, no notice of rejection is received), the trademark is deemed to be automatically protected.
6. Validity period and renewal of registration: The validity period of an internationally registered trademark is 10 years , which can be renewed, and the protection period of each renewal is 10 years. < Br Registration process / time < br International applications for trademarks must use the Madrid system The official working language of the applicant shall be submitted to the applicant's office of origin in a formal application.
2. The date of submission of the application < br The international application for trademark registration shall be based on the date on which the Trademark Office received the application. If the application procedures are complete and the application documents are filled in according to the regulations, the application number is assigned, and the Trademark Office sends the application documents (English or French) to the International Bureau within 30 days;
3. Examination by the International Bureau <br /> After the International Bureau of the World Intellectual Property Organization (WIPO) receives the application for international registration, it considers that the formalities are complete, and the goods and services category and name are filled in correctly. The registration is suspended and the Trademark Office is notified.
The Trademark Office will notify the applicant or agent to complete the formalities within 15 days of receiving the notification from the International Bureau; after examination, it meets the requirements of the International Bureau and will issue the trademark international after the application has been or will be submitted to the designated countries for examination. The certificate of registration usually takes about 6 months.
This international trademark registration certificate is not proof that the trademark was approved for registration; its significance is that the international registration number and international registration date are the basis for a series of activities such as subsequent designation, change, transfer, and renewal of the trademark by the applicant.
4. Examination of the designated country <br Whether a trademark can be registered in each designated country is subject to the examination of each designated country.
5. The contracting states and protocol states reviewing each application. <br /> Each protection country designated in the application for the international registration of a trademark will decide whether to protect it in accordance with their national laws and must declare the rejection to the International Bureau.
The agreement stipulates that the time limit for refusal of a declaration is a maximum of one year, that is, if the designated protection application is not rejected within one year, the application is automatically protected (as required by the protocol, member states can The right to reject the extension to 18 months).
From the date of international registration, if the refusal notice of refusal to grant trademark protection is not received from the contracting state within 12 months or from the protocol state within 18 months, it means that the trademark is already in the contracting or agreed state. Automatically protected.
By virtue of its procedural mechanism, the Madrid system enables trademark owners to submit an application for international registration directly to their national or regional trademark offices, which will enable them to obtain protection for their trademarks in many countries of the Madrid Union. The international trademark registered in this way is equivalent to the trademark registration application or registration directly made by the applicant in each designated country or organization6 , Madrid trademark registration information (1), a copy of the acceptance notice or registration certificate of the country;
(2) Trademark drawings;
(3) Power of attorney for trademark agency;
(4) Application for International Registration.
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- Member States of Madrid <br List of Member States of Madrid:
( 1 ) Parties to the agreement ( 56 member states):
Member States include:
| Albania |
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- * Benelux : the collective name of Belgium, the Netherlands, and Luxembourg ( 2 ), pure protocol parties ( 21 + 24 EU member states):
| United Kingdom |
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- EU trademark application
- List of EU member states:
United Kingdom, Germany, France, Italy, Belgium, Luxembourg, Denmark, Sweden, Spain, Portugal, Finland, Greece, Austria, Netherlands, Ireland, Cyprus, Czech Republic, Istanbul, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia.
- I. EU trademarks have the following characteristics :
- 1. Low cost. You only need to submit one application for registration once to use the trademark in 25 EU member states. Compared to filing separate applications in each Member State, the cost is significantly reduced.
2. Centralization of protection procedures. A trademark registration can be protected by the EU's 25 member states, and rulings on trademark cases will be enforced in all EU countries.
3. The EU trademark is a single property. It can only be transferred as the property of the entire EU, not as a separate member state. However, some trademark licenses with geographical restrictions or other restrictions, even limited to licenses of a specific member state, are possible.
4. Registered trademarks can only be used in one EU country. The use of a trademark in any EU country is sufficient to counteract an application for cancellation on the grounds of an unused trademark.
5, enjoy the Paris Convention priority. The same trademark is used for one or more specified names of goods or services and has priority when applying for a Community trademark six months after the application of the Paris Convention member states.
6. A registered trademark that has been published in an EU member state may claim priority when applying for an EU trademark.
7. A trademark application can cover up to three categories of goods or services. For more than three categories, each additional category of fee must be charged separately.
- 2. The basic registration procedure for EU trademarks is as follows :
1. The applicant submits an application to the European Union Trademark Office or the European Union Member State Trademark Offices;
2. The European Trademark Office will notify the trademark authorities of the member states of the application in order to conduct trademark examinations in each country at the same time;
3. After the review is passed, a three-month announcement is entered. Any third party may challenge the published trademark within these three months;
4. If there is no objection from a third party, the applied trademark can be registered within one year;
5. The application period is about 12-15 months.
- African Intellectual Property Organization trademark registration
- The African Intellectual Property Organization (OAPI for short) is a regional intellectual property protection alliance composed of former French colonies and countries whose official language is French. After the trademark is approved for registration, it is protected in 16 member states and is valid for 10 years. The organization has an intellectual property office in Cameroon, which oversees trademark matters in member states. Each member country is bound by the African Intellectual Property Organization in the field of trademarks and does not have its own independent trademark system. Therefore, there is no possibility of individual country registration in each country. It can only be registered and protected by the African Intellectual Property Organization.
- African Intellectual Property Organization trademark registration process
- Query
- Before the trademark application, if the trademark is inquired, it will be reported to foreign countries for official inquiry.
- 2. Application
- The applicant has prevented an application for registration from African Intellectual Property.
- 3. Acceptance
- Accepted by official form review
- 4. Review
- After the application is accepted, the official conducts a substantive examination
- 5. Approval and issuance
- An application is approved for registration if it passes formal and substantive examinations
- 6.Announcement
- The registered trademark will be announced in the official gazette. The announcement period is six months. If there is no objection or the objection is not established, the trademark shall be registered.