What are the rules for the process and time of trademark registration?
1. Design-We can entrust our company or design it ourselves before applying for trademark registration. 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. Inquiry-Trademark inquiry usually refers to the inquiry of trademark information by an applicant for trademark registration before applying for registration of a trademark, so as to know whether there is a prior trademark right that may conflict with the trademark he applies 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. Application-The application documents for trademark registration shall be submitted to the Intellectual Property Department of Hong Kong.
4. Acceptance-After receiving the application materials for trademark registration, Hong Kong Intellectual Property Department will give an application number and issue an acceptance notice, which will take about one week.
5. Examination-Trademark examination is divided into two processes: formal examination and substantive examination. 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 announced in the Hong Kong Intellectual Property Bulletin for a period of three months. If no one raises an objection, the trademark can be successfully registered.
7. Registration-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.
What should I pay attention to in trademark registration?
1. The application for trademark registration must be submitted to the appropriate national or regional trademark office, and the application must contain a clear pattern of the logo applied for registration, including any color, shape or three-dimensional features. The application must also list the goods or services that use the trademark. The mark must meet certain conditions before it can be protected as a trademark or other type of mark. Logo must have distinctive features, so that consumers can distinguish it as a sign to identify a specific product and distinguish it from other trademarks to identify other products. Signs shall not mislead or deceive consumers, and shall not violate public order or public morality.
2. The trademark right applied for shall not be the same as or similar to the trademark right already granted to other trademark registrants. This can be determined by the search and review of the State Bureau, or by the objection raised by the third party claiming similar or identical rights.
3. At present, in addition to the Trademark Office, you can also register through individual trademark agencies. Individual trademark registration offices can inquire whether they have filed with the General Administration of Trademarks of China.
4. Natural persons apply for trademark registration with their ID cards: legal persons or other organizations apply for trademark registration with their business licenses or other valid certificates. At present, a natural person applying for a registered trademark needs to submit the business license of individual industrial and commercial households.
How to apply for foreign-related trademark registration?
According to Article 18 of the Trademark Law: "Foreigners or foreign enterprises applying for trademark registration and handling other trademark matters in China shall entrust an organization recognized by the state with the qualification of trademark agency."
This is the compulsory principal-agent principle adopted by foreigners and foreign enterprises when applying for trademark registration, which conforms to international practice.
In the past, only a few foreign-related trademark agencies designated by the state could apply for trademark registration or handle other trademark matters in China on behalf of foreigners and foreign enterprises. However, from1March 1995 1 1, any trademark agency recognized by the state as having the trademark agency qualification can carry out foreign-related trademark agency business.
Documents and materials required for foreign applicants to apply for trademark registration
(Note: The number of copies of the following documents and materials varies slightly among different trademark agencies due to their different requirements for managing file retention and backup, which shall be subject to actual needs. )
What are the foreign-related trademark registration processes?
(1) Commodity trademarks and service trademarks
Subject qualification certificate. That is, legal documents that can prove the legal identity of the trademark applicant in the country to which it belongs, such as identity certificate and nationality certificate.
The identity certificate of a foreign natural person is an ID card and passport, and the permanent residence certificate is a residence permit; The identity certificate of natural persons in Hong Kong and Macao is a passport or ID card, and the permanent residence certificate is a pass to and from the Mainland with a validity period of 1 year or more; Taiwan Province people's application documents are mainland travel permits valid for more than one year. At the same time, the identification number should be marked after the Chinese name of the applicant.
Foreign enterprises should follow the enterprise registration documents stipulated by the laws of the host country.
Attach some other relevant certification materials, domestic trademark registration certificate, reciprocal agreement certificate, commodity list, and so on. The attached relevant documents should also be notarized and authenticated. These notarization and authentication procedures are handled according to the principle of equality. If the country where the trademark applicant belongs does not need to go through the certification and notarization procedures for the China applicant to apply for trademark registration in that country, China may not require him to go through the notarization and certification procedures, and vice versa.
One original and one copy of the power of attorney of the trademark agent. (The power of attorney shall specify the contents, authority and nationality of the agent, and go through notarization and authentication procedures. Notarization and authentication of relevant certificates shall be handled in accordance with the principle of reciprocity. )
One original and one copy of the application for trademark registration, and one application for trademark registration is limited to one application for class I trademark, and it is in Chinese;
According to the application requirements, indicate in Chinese and foreign languages respectively:
Applicant's name, address, postal code, contact person, telephone number (including area code), fax number (including area code), trademark type (general, collective, certification, stereoscopic and color, one of which is selected according to the characteristics of the applied trademark), trademark description and trademark description.
Description:
1. The name and address of the applicant must be in Chinese and English;
2, the applicant's address (including Chinese and English) should be filled in in detail, the order is the city (town) block and house number of the country (region);
3. For applicants whose mother tongue is not English, the name and address of the applicant must be bilingual, but also in their own language;
4. If the trade name is called (or contains) a foreign language or transliteration, it shall be translated into Chinese, with explanations and explanations;
5. If the form cannot be filled in, a separate list can be attached.
▲ If the applicant's name and address are filled in English, English capital letters shall be used uniformly.
▲ Written confirmation of the Chinese translation of the foreign name of the trademark applicant.
▲ Trademark pattern (the pattern size shall not be greater than 10* 10 cm and not less than 5*5 cm). If there is no trademark pattern with specified color, 5 black and white ink drafts are required (of which 1 black and white ink draft should be pasted in the pattern box of the trademark registration application, and the remaining 4 black and white ink drafts are attached separately); If it is a trademark pattern with a specified color, five color draft patterns and 1 black and white ink draft patterns shall be provided (of which 1 color draft pattern shall be pasted in the pattern box of the trademark registration application, and the remaining four color draft patterns and 1 black and white ink draft patterns shall be attached separately).
▲ To apply for a registered trademark with a three-dimensional logo, you should submit a pattern that can determine the three-dimensional shape (at least three views that can fully explain the three-dimensional structure), and all patterns should be placed in the box on the back of the application.
▲ To apply for trademark registration by portrait and name, a power of attorney signed by the portrait and name holder must be provided and notarized by a notary office. Only the proof of the authenticity of the portrait pattern or the proof materials related to the portrait holder are invalid. If it is a virtual portrait, it should be indicated in the trademark description.
▲ According to Article 25 of the Trademark Law, if the country to which the trademark applicant belongs is a member of the Paris Convention and claims priority, it shall submit a written statement, which shall specify the date of the first registration application, the application number and the name of the country that accepted the application. And submit a copy of the trademark registration application filed for the first time in other member countries of the Paris Convention, which should be certified by the trademark administration authorities of that country, and indicate the application date and application number. Copies do not require authentication. However, other certificates required by the Trademark Office shall be certified. When claiming priority, if the above copies and relevant certificates are incomplete, they can be submitted within 3 months after filing an application for trademark registration. Failing to submit the above copies and relevant documents within the time limit shall be deemed as not claiming priority.
▲ According to Article 8 of the Regulations for the Implementation of the Trademark Law, if all kinds of certificates, documents and evidential materials submitted in accordance with the provisions of the Trademark Law and these Regulations are in foreign languages, a Chinese translation shall be attached. If it is not attached, it shall be deemed as not submitted.
(2) Collective trademarks
▲ Subject 1 Certificate of Conformity. That is, the legal documents registered by the trademark applicant in accordance with the law and having the legal personality, and the names and addresses of the members of the collective organization shall be specified in the certification documents;
Where a geographical indication is applied for registration as a collective trademark, the professional and technical personnel and professional testing equipment owned by it or the institutions entrusted by it shall be clearly stated in the subject qualification certificate, so as to show that it has the ability to supervise the specific quality of the goods using the geographical indication;
A group, association or other organization that applies for the registration of a geographical indication as a collective trademark shall be composed of members of the area marked by the geographical indication.
▲ Where a geographical indication applies for registration as a collective trademark, the applicant shall provide proof that the geographical indication is protected by law in its country of origin.
▲ Attach some other relevant certification materials, such as identity and nationality certificate, domestic trademark registration certificate, reciprocal agreement certificate, commodity list and so on. The attached relevant documents should also be notarized and authenticated. These notarization and authentication procedures are handled according to the principle of equality. If the country where the trademark applicant belongs does not need to go through the certification and notarization procedures for the China applicant to apply for trademark registration in that country, China may not require him to go through the notarization and certification procedures, and vice versa.
▲ One original and one copy of the power of attorney of the trademark agent. (The power of attorney shall specify the contents, authority and nationality of the agent, and go through notarization and authentication procedures. Notarization and authentication of relevant certificates shall be handled in accordance with the principle of reciprocity. )
▲ One original and one copy of the application for trademark registration, one application for trademark registration, and only one application for Class I trademark, in Chinese;
According to the application requirements, indicate in Chinese and foreign languages respectively:
Applicant's name, address, postal code, contact person, telephone number (including area code), fax number (including area code), trademark type (general, collective, certification, stereoscopic and color, one of which is selected according to the characteristics of the applied trademark), trademark description and trademark description.
Description:
1. The name and address of the applicant must be in Chinese and English;
2, the applicant's address (including Chinese and English) should be filled in in detail, the order is the city (town) block and house number of the country (region);
3. For applicants whose mother tongue is not English, the name and address of the applicant must be bilingual, but also in their own language;
4. If the trade name is called (or contains) a foreign language or transliteration, it shall be translated into Chinese, with explanations and explanations;
5. If the form cannot be filled in, a separate list can be attached.
▲ Where a geographical indication is used as a collective trademark, the following contents shall also be specified in the application:
1, the specific quality, reputation or other characteristics of the goods marked by the geographical indication;
2. The relationship between the specific quality, reputation or other characteristics of commodities and the natural and human factors in the areas marked by geographical indications;
3. The area marked by geographical indications;
▲ If the applicant's name and address are filled in English, English capital letters shall be used uniformly.
▲ Written confirmation of the Chinese translation of the foreign name of the trademark applicant.
▲ Trademark pattern (the pattern size shall not be greater than 10* 10 cm and not less than 5*5 cm). For trademark designs that are not marked with colors, five black-and-white ink drafts shall be provided (of which 1 black-and-white ink draft shall be pasted in the pattern box of the trademark registration application, and the remaining four black-and-white ink drafts shall be attached separately); For trademark patterns with specified colors, five color draft patterns and 1 black and white ink draft patterns shall be provided (of which 1 color draft pattern shall be pasted in the pattern box of the trademark registration application, and the remaining four color draft patterns and 1 black and white ink draft shall be attached separately);
▲ Power of attorney or letter of introduction issued by the trademark applicant to the direct manager (that is, using the trademark registration applicant to prove the identity of the direct manager);
▲ Original ID card and copy of ID card of the direct manager;
▲ Full-text document for applying for the management rules for the use of collective trademarks. Management rules should generally include the following points:
(1) Name, address, legal representative and business scope (project) of the industrial and commercial group, association or other collective organization;
(2) the purpose (meaning and purpose) of using the collective trademark;
(3) the meaning of the trademark (logo);
(4) the collective members who use the trademark (name, address, legal representative, etc.). );
(five) the quality or quality standards of the goods or services using the collective trademark;
(6) Conditions, forms and procedures for using the collective trademark;
(seven) the rights and obligations of using collective trademarks;
(eight) the responsibility that a member should bear in violation of its use management rules;
(nine) the amount and use of management fees;
(10) The rights and obligations of registrants and the inspection and supervision system for goods using collective trademarks.
▲ According to Article 25 of the Trademark Law, if the country to which the trademark applicant belongs is a member of the Paris Convention and claims priority, it shall submit a written statement, which shall specify the date of the first registration application, the application number and the name of the country that accepted the application. And submit a copy of the trademark registration application filed for the first time in other member countries of the Paris Convention, which should be certified by the trademark administration authorities of that country, and indicate the application date and application number. Copies do not require authentication. However, other certificates required by the Trademark Office shall be certified. When claiming priority, if the above copies and relevant certificates are incomplete, they can be submitted within 3 months after filing an application for trademark registration. Failing to submit the above copies and relevant documents within the time limit shall be deemed as not claiming priority.
▲ According to Article 8 of the Regulations for the Implementation of the Trademark Law, if all kinds of certificates, documents and evidential materials submitted in accordance with the provisions of the Trademark Law and these Regulations are in foreign languages, a Chinese translation shall be attached. If it is not attached, it shall be deemed as not submitted. Third, the certification trademark
▲ Subject 1 Certificate of Conformity. That is to say, the legal documents registered by the trademark applicant in accordance with the law and having the legal person status should provide the certification documents issued by its main administrative department (or according to the actual situation and practice of the host country) that the applicant has the ability to supervise the quality of specific goods or services, such as the industrial and commercial registration document or the documents registered by the association.
▲ Where a geographical indication is applied for registration as a certification trademark, the applicant shall provide proof that the geographical indication is protected by law in its country of origin.
▲ Attach some other relevant certification materials, such as identity and nationality certificate, domestic trademark registration certificate, reciprocal agreement certificate, commodity list and so on. The attached relevant documents should also be notarized and authenticated. These notarization and authentication procedures are handled according to the principle of equality. If the country where the trademark applicant belongs does not need to go through the certification and notarization procedures for the China applicant to apply for trademark registration in that country, China may not require him to go through the notarization and certification procedures, and vice versa.
▲ One original and one copy of the power of attorney of the trademark agent. (The power of attorney shall specify the contents, authority and nationality of the agent, and go through notarization and authentication procedures. Notarization and authentication of relevant certificates shall be handled in accordance with the principle of reciprocity. )
▲ One original and one copy of the application for trademark registration, one application for trademark registration, and only one application for Class I trademark, in Chinese;
According to the application requirements, indicate in Chinese and foreign languages respectively:
Applicant's name, address, postal code, contact person, telephone number (including area code), fax number (including area code), trademark type (general, collective, certification, stereoscopic and color, one of which is selected according to the characteristics of the applied trademark), trademark description and trademark description.
Description:
1. The name and address of the applicant must be in Chinese and English;
2, the applicant's address (including Chinese and English) should be filled in in detail, the order is the city (town) block and house number of the country (region);
3. For applicants whose mother tongue is not English, the name and address of the applicant must be bilingual, but also in their own language;
4. If the trade name is called (or contains) a foreign language or transliteration, it shall be translated into Chinese, with explanations and explanations;
5. If the form cannot be filled in, a separate list can be attached.
▲ Where a geographical indication is used as a certification trademark, the following contents shall also be specified in the application:
(1) The specific quality, reputation or other characteristics of the goods marked by the geographical indication;
(two) the relationship between the specific quality, reputation or other characteristics of the commodity and the natural and human factors in the area marked by the geographical indication;
(3) the area marked by geographical indications.
▲ If the applicant's name and address are filled in English, English capital letters shall be used uniformly.
▲ Written confirmation of the Chinese translation of the foreign name of the trademark applicant.
▲ Trademark pattern (the pattern size shall not be greater than 10* 10 cm and not less than 5*5 cm). For trademark design without color, five black-and-white ink drafts shall be provided (of which 1 black-and-white ink draft shall be pasted in the pattern box in the application for trademark registration, and the remaining four black-and-white ink drafts shall be attached separately); For trademark designs with specified colors, five draft color designs with specified colors and one draft black-and-white ink pattern 1 shall be provided (of which 1 draft color pattern shall be pasted in the pattern box of the application for trademark registration, and the remaining four draft color patterns and 1 draft black-and-white ink pattern shall be attached separately).
▲ Full-text document of application for certification of trademark use management rules. Management rules should generally include the following points:
(1) Name, address, legal representative, business scope, etc. The detection and supervision ability of community organizations;
(2) the purpose (meaning and purpose) of using the certification mark;
(3) the meaning of the trademark (logo);
(four) the specific quality and characteristics of the goods or services certified by the certification trademark;
(5) Conditions, formalities and procedures for using the trademark;
(six) the rights and obligations to use the certification trademark;
(seven) the user shall bear the responsibility for violating the use management rules;
(eight) the rights and obligations of the registrant and the inspection and supervision system for the goods using the certification trademark.
If a foreigner or foreign enterprise applies to register a geographical indication as a collective trademark or a certification trademark, the applicant shall provide proof that the geographical indication is protected by law in its country of origin.
▲ According to Article 25 of the Trademark Law, if the country to which the trademark applicant belongs is a member of the Paris Convention and claims priority, it shall submit a written statement, which shall specify the date of the first registration application, the application number and the name of the country that accepted the application. And submit a copy of the trademark registration application filed for the first time in other member countries of the Paris Convention, which should be certified by the trademark administration authorities of that country, and indicate the application date and application number. Copies do not require authentication. However, other certificates required by the Trademark Office shall be certified. When claiming priority, if the above copies and relevant certificates are incomplete, they can be submitted within 3 months after filing an application for trademark registration. Failing to submit the above copies and relevant documents within the time limit shall be deemed as not claiming priority.
▲ According to Article 8 of the Regulations for the Implementation of the Trademark Law, if all kinds of certificates, documents and evidential materials submitted in accordance with the provisions of the Trademark Law and these Regulations are in foreign languages, a Chinese translation shall be attached. If it is not attached, it shall be deemed as not submitted.
Requirements and precautions for foreign applicants to fill in the application for trademark registration
1. The application for trademark registration shall be in the format specified by the Trademark Office of the State Administration for Industry and Commerce.
Attachment: The latest Application for Trademark Registration (applicable to commodity trademarks, service trademarks, collective trademarks and certification trademarks).
Application for trademark registration (front) (foreign applicant)
Application for trademark registration (reverse)
Application for trademark registration (attached page)
2. The application for trademark registration and other relevant documents shall be in Chinese, and the font shall be standard simplified characters. It must be filled in with a typewriter/printer and printed in the printing format specified by the Trademark Office of the State Administration for Industry and Commerce. Anyone who has not been printed, or whose handwriting is illegible or scrawled, altered or error-prone, will be returned by the Trademark Office and will not be accepted.
3. The name of the applicant shall be completely consistent with the name on the legal documents (such as identity and nationality certificate) of the country to which it belongs, and shall not be changed at will;
Where two or more applicants * * * apply for registration of the same trademark, the name and address of the representative shall be filled in the address bar of the applicant's name (if no representative is specified, the representative shall be the first one in the order in the application), and other applicants shall fill in the name (no address is required) on the additional page of the application.
The name and address of the applicant must be bilingual. If the applicant's name and address are filled in English, English capital letters should be used uniformly. For applicants whose mother tongue is not English, the name and address of the applicant must be bilingual, but also in their own language. The order of the applicant's address (including Chinese and English) is: country (region), city (town) block and house number.
5. The translated names of foreign applicants who have registered their trademarks for many times in China shall be consistent. If the name of the owner of the original registered trademark is inconsistent with the translated name now confirmed, it shall apply to the Trademark Office for renaming. If the applicant is a natural person, the ID number must be filled in after the applicant's name, otherwise it will not be accepted.
6. Documents such as trademark registration applications shall be in Chinese, and foreign documents must be accompanied by Chinese translations. If it is not attached, it shall be deemed that no documents, certificates or evidence materials have been submitted.
7. Where a trademark agency is entrusted to apply for agency, it shall fill in the name of the agency, affix its seal and be signed by the agent. The entrusted trademark agency organization must hold the practicing certificate of trademark agent recognized by the Trademark Office of the State Administration for Industry and Commerce, otherwise it will not be accepted. If you apply for agency directly without entrustment, you don't need to fill in the column of agency.
8. The type of trademark to be applied for should be ticked in the box according to the characteristics of the trademark to be applied for, in which "common, collective and certification" is a single choice, and "three-dimensional and color" is a multiple choice, namely:
Where an application is made for a commodity trademark or a service trademark, the collective trademark shall be "generic" and the certification trademark shall be "certification";
If any of the above-mentioned (goods, services, collectives and certificates) applying for a trademark adopts a three-dimensional mark as a constituent element of the trademark and its combination, the "three-dimensional" item shall also be checked;
Where the above-mentioned (goods, services, collectives and certificates) applying for a trademark contain color combinations as part of the trademark and their combinations, in addition to the one selected in the first three items and the "three-dimensional" item, the "color" item shall be checked again. 9. Trademark description refers to the applicant's brief description of the combination, meaning, source and abandonment of the exclusive right to use a certain part of the trademark design. If you don't need an explanation, you can leave it blank. However, the following information should be filled in according to the regulations.
Where a trade name is called (or contains) a foreign language or transliteration, it shall be translated into Chinese with an instruction, which shall indicate the language and its corresponding meaning. Otherwise, the Trademark Office may interpret or make meaningless explanations according to similar Chinese or English meanings during the examination.
Special fonts should be expressed in words, otherwise they may be classified or listed as graphic classes for use nearby during the exam;
If the trademark applied for is a specified color (color pattern), it must be marked with "specified color"; if it is not marked, the application for trademark registration shall be handled according to the black and white color pattern;
To apply for a three-dimensional trademark, a picture (attachment) and a detailed explanation that can determine the three-dimensional shape shall be submitted;
To apply for a color combination trademark, a written explanation shall be submitted, preferably indicating the number of the specified color. If the color number cannot be specified, the color actually used in the trademark pattern at the time of application shall prevail.
10, when the category is filled in, the application shall be filled in according to the Trademark Classification Table of Similar Goods and Services of the State Administration for Industry and Commerce (2002 edition). If the same applicant uses the same trademark on different kinds of goods/services, it shall apply separately, that is, the principle of one commodity/service, one trademark and one application.
1 1. The items of goods and services shall be filled in as far as possible according to the commodity names or service items specified in the Classification Table of Similar Goods and Services (2002 Edition) formulated by the State Administration for Industry and Commerce. If the commodity name or service item applied for is not similar to the standard name in the classification table of goods and services, but belongs to the standard name in the industry, the industry standard or product description shall be attached; Where the applied trade name is a new rare commodity that is not listed in the classification table of similar goods and services, a description describing the nature, material and function of the commodity may be attached. Similar group names of similar goods and services in the classification table of similar goods and services shall not be used to fill in commodity names or service items.
In the column of goods/services, the number of goods/services to be filled in is generally within 10 (it can also exceed 10, but a registration fee of 100 yuan is charged for each additional item), and all goods or services are filled in two columns. If it is impossible to fill in the column, an attached page should be added, and the number of pages attached should be indicated in the "Attached Page" column.
Due to changes in the classification table and human error, some goods/services that have been accepted in previous applications cannot be used as the basis for future applications.
12. The trademark applicant shall paste the applied trademark pattern in the column of "Trademark Pattern" on the back of the trademark registration application form, and the pasting direction shall be the specified direction. Trademark patterns should be smooth and durable, easy to paste paper or photos, and hard, plastic and other non-paste patterns should not be used as trademark patterns. The length and width of the trademark pattern are not more than10cm and not less than 5cm. Trademark pattern does not