Trademark

Basis of Trademark Application

  1. What is a trademark?

Re: In a nutshell, a trademark is the mark of a good or service. Producers, operators, agents, etc. can apply for registration of a trademark.

  1. What are the constitutions of trademarks?

Re: The trademark can be individual words, letters, numbers, graphics, English, pinyin, or any combination.

  1. What are the types of trademarks?

Re: Trademarks are divided into common trademarks, collective trademarks, and certification trademarks, 99% of which are common trademarks. According to different classification forms, it is also divided into: ordinary trademarks, three-level famous brand trademarks, such as: well-known trademarks in Kunming, famous trademarks in Yunnan, and well-known trademarks in China.

  1. What is the method of trademark registration?

Re: The applicant must register with the State Trademark Office (in Beijing) in person, or entrust any regular agency in the country.

  1. What are the materials required for trademark registration?

Re: If it is a company: a copy of the company’s duplicate business license with the official seal; if it is a self-employed person: a copy of the ID card + a copy of duplicate business license. After February 2007, applicants are not allowed to register trademarks if they only have an ID card.

  1. How much is the official fee for trademark registration?

Re: The official fee for each category of trademark registration is 270 yuan.

  1. How long is the trademark valid?

Re: The validity period of trademark registration is 10 years, counting from the date of the registration announcement. No annual inspection is required during the 10-year period and no expenses are incurred. If the registered trademark has expired and needs to be used continuously, it is necessary to apply for renewal within one year before the expiration date. The validity period of each renewal registration is 10 years, and the number of renewals is unlimited. If there is no renewal and there is no extension (renewal after expiration is called expansion: 500 yuan extra fee) within six months of expiration, the trademark will be invalid.

  1. What are the principles of trademark registration?

Re: A. The principle of unified national registration. There is only one organization in the country: the Trademark Office of the State Administration for Industry and Commerce of the People’s Republic of China, which is responsible for the national trademark registration business. The local industry and commerce departments are only responsible for general trademark infringement and supervision and management of trademark agencies.

  1. The first-to-applying rule is simply that whoever registers first is served first.
  2. Prior use is used in conjunction with prior registration.
  3. The principle of combining voluntariness and compulsion, human drugs and tobacco must be registered trademarks, and other products and services are voluntarily registered.

 

  1. What are the types of trademarks, and what are goods or services?

Re: There are 45 major categories of trademarks. Categories 1-34 are product trademarks, and 35-45 are service trademarks. Among them, 29-33 are food trademarks. Some similar products fall into the same category. For example, tea, coffee, etc. are in the 30th category; some are divided into different categories, such as milk tea (mainly tea) in the 32nd category, and milk tea (mainly milk) in the 29th category. According to the material, for example, metal doors are in the 6th category, and wooden doors are in the 20th category. In trademark registration, one major category generally protects 10 different subcategories. If someone has only registered 3001 coffee in the 30th category with wisdom star, we can still register 3002 tea in the 30th category.

  1. How to register international trademarks?

Re: Register one by one in a single country, or register Madrid international trademarks at one time (recognized by multiple countries, higher cost).

  1. What is the process of trademark registration?

Re: (1) After signing the entrustment contract with the agency, the agency will generally report it to the International Trademark Office within 1-2 working days;

(2) The Trademark Office will determine the trademark application date on the date of receipt of the application materials, and the Trademark Office will conduct a formal review. The acceptance will be completed within one to two months. The issuance of the “Notice of Acceptance” only indicates that the materials meet the specifications, and does not mean that the trademark has been approved for registration;

(3) The application time is about 6 months, after the blank period, the trademark application can be inquired in the National Trademark Office system;

(4) From the date of application, if the 9-month substantive examination is passed, the “Notice of Announcement of Trademark Preliminary Examination” will be issued;

(5) Within three months of the announcement, if no objection is raised, the announcement will be registered and the “Trademark Announcement” will be issued.

(6) Generally, after three months of registration announcement (sometimes less than three months), a “Trademark Registration Certificate” will be issued, and the trademark registration process will take about one year and three months.

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