current position：Home>How to register trademarks faster?
How to register trademarks faster?
2022-02-04 14:47:17 【Enlightened】
One 、 Why trademark registration
Only those trademarks approved and registered by the trademark office , Trademark registrants enjoy the exclusive right to use trademarks , Protected by law . When the trademark rights and interests are infringed , You can ask relevant departments for protection . Unregistered trademark any individual or entity may use the trademark , It is not conducive to protecting the trademark reputation of the original producers and operators .
Two 、 The process of trademark registration
（ Under normal circumstances, domestic trademark registration requires 1 About a year ）
1. Preparation stage
Trademark design ： The trademark shall have distinctive features , Easy to identify . Including text 、 graphics 、 Letter 、 Numbers 、 Three dimensional logo 、 Color combinations and sounds, etc , And the combination of the above elements can be used as a trademark .
Trademark search ： After the applicant determines the trademark , Before launching products and services , Check whether the trademark has been previously registered on the official website of the Trademark Office of the State Intellectual Property Office . After the trademark registration application , You can also check the trademark handling status and progress on this website .
Trademark category ： When registering trademarks, enterprises should choose the right products as much as possible 、 Select the right category , Expand the scope of registration as much as possible , Achieve seamless protection . If possible, try to apply for full registration , That is, all goods and services are registered . In this way, we have the exclusive right to use trademarks on any products and services . Thus, it can effectively prevent infringement , And can guarantee the uniqueness of the trademark .
Trademark handling ： Matters related to trademarks, such as trademark registration 、 change 、 extension 、 Transfer the possession of 、 Litigation, etc , You can do it yourself , It can also entrust a trademark agency established according to law to handle . It is usually more convenient to go through a trademark agency , More professional .
2. Application stage
The matters declared and the materials provided in the application for trademark registration shall be true 、 accuracy 、 Complete report to the Trademark Office of the State Intellectual Property Office ,1 The acceptance Reply of the trademark can be obtained within working days .
3. Formal review stage
The Trademark Office shall, from the date of receiving the application documents 1-3 The paper will be distributed for about... Months 《 Notification of acceptance 》, If you receive paper 《 Notification of acceptance 》, That is to certify that the application documents have passed the formal examination of the trademark office , Enter the stage of substantive examination .
4. Substantive review stage
In the trademark office 《 Notification of acceptance 》 after , Next 6-9 A substantive review will be conducted in six months , Where the trademark office considers that the contents of an application for trademark registration need to be explained or amended , You can ask the applicant to explain or amend . A trademark that has passed the substantive examination , The Trademark Office will issue a preliminary approval announcement , The announcement period is three months .
5. The first trial announcement stage
The announcement of preliminary examination and approval expires , There is no objection from individuals or institutions , The Trademark Office will issue a registration notice . The registration announcement proves that the trademark registration has been approved , The trademark applicant immediately obtains the exclusive right to use the trademark .
6. The forensics stage
About... From the date of issuing the registration announcement 1-2 The trademark registration certificate can be obtained in about months . The term of validity of a registered trademark is ten years , Calculated from the date of approval of registration . The validity of the registered trademark has expired , Need to continue to use , The trademark registrant shall, within 12 months before the expiration of the term, go through the formalities for renewal in accordance with the provisions ; What can't be handled during this period , A six-month grace period can be granted . Each renewal is valid for 10 years , Calculated from the day after the expiration of the last term of validity of the trademark .
3、 ... and 、 How to register trademarks faster
1. Do the preparatory work well
Before registration , First, find out whether the trademark to be registered is the same or similar to the trademark already registered or being registered by others through consultation or search . Replace the trademarks with high similarity in time , It can reduce the risk of trademark registration , Improve the success rate of trademark registration .
2. follow “ The principle of application first ”
China's trademark registration follows “ The principle of application first ”, When several trademarks with high similarity apply for registration , The trademark registrant who first applies for the trademark will obtain the right to use the trademark .
3. Register the combined trademarks separately
In our country 《 Trademark law 》 The provisions include words 、 graphics 、 Letter 、 Numbers 、 Three dimensional logo 、 Color combination 、 Elements such as sound can be applied for registration as trademarks , among , Simply using one of these elements as a trademark application is called a single trademark , A trademark formed by the combination of two or more elements is called a combined trademark , Such as “ written words + graphics ” trademark 、“ Letter + Numbers ” Trademarks and so on . Combined trademark combines the different characteristics of various elements , With both pictures and texts 、 vivid 、 Easy to identify and other advantages , In addition, the combined trademark greatly saves the cost of separate registration , Therefore, it has been widely recognized and used by enterprises and individuals .
however , There are also risks that can not be ignored in the combination of trademarks , China adopts the method of single examination of each constituent element to examine the combined trademark , The words that make up the combined trademark 、 Letter 、 Graphics and other elements shall not be the same as or similar to the trademarks already registered or being registered by others , To pass the review , in other words , As long as one of the constituent elements causes the same or similar , Then the whole trademark will be rejected , Eventually leading to the failure of trademark registration . therefore , In the process of trademark registration , Separate registration of combined trademarks will greatly improve the success rate of trademark registration . If you want to apply for a registered combination trademark, it is very important for enterprises or individuals , Then you can register separately , The whole combination trademark is also registered as a whole .
4. The trademark category should be accurate
Choosing the category of goods or services is an inevitable link when enterprises apply for trademark registration . Our country adopts 《 Similar to the goods and services differentiation table 》 Divide goods and services into 45 A large category and several small items , Registrants need to be as careful as possible 、 Accurately select the category of goods or services , So as to clearly specify the scope of protection of the trademark . If the category of application is wrong , Not only can trademarks not play a role in safeguarding the legitimate interests of enterprises and individuals , When registering a trademark, it is also very likely to cause trademark similarity , This leads to the failure of trademark registration .
5. Apply for review in time
There are many reasons for unsuccessful trademark registration , In addition to subjective reasons from the applicant , There are many unavoidable reasons in the process of trademark application , Such as query blind period 、 Subjectivity of trademark examination and so on , Enterprises or individuals will inevitably encounter the situation that the application is rejected or objected , But this does not mean that the trademark is registered “ Incurable ” 了 .
In our country 《 Trademark law 》 Article 34 stipulates that ：“ To reject an application 、 Trademarks not to be published , The Trademark Office shall notify the trademark registration applicant in writing . If the trademark registration applicant is not satisfied , May apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice .”
Therefore, because the trademark registrant reasonably grasps the time , Submit relevant application materials in time , To improve the possibility of successful registration .
6. Pay attention to “ prior use ”
Although the trademark has not passed the registration application or is being registered , However, the registrant can still use the trademark , It's best to leave traces of use . Because it can also be used as evidence of prior use , In the event of an objection application , You can give feedback to the Trademark Office , Improve the success rate of registration .
Four 、 No trademark registration , Is there any legal risk in continuing to use the trademark
1. What is? “ Unregistered trademarks ”
An unregistered trademark refers to a trademark that has not been registered by the competent national authority , The user does not have the exclusive right to use the trademark . Unregistered trademarks do not enjoy the exclusive right to use trademarks , Cannot quote 《 Trademark law 》 To protect .
2. Certain goods must use registered trademarks
In our country 《 Trademark law 》 Article 6 ：“ Goods for which the state stipulates that a registered trademark must be used , You have to apply for trademark registration , Unauthorized registration of , Don't sell it on the market .”
At present, China's laws and regulations stipulate that tobacco commodities must use registered trademarks . The latest revision of 《 Regulations for the implementation of tobacco monopoly law 》 Article 22 provides that ：“ cigarette 、 Cigars and packaged cut tobacco , Registered trademarks should be used .”
3. Four risks of using unregistered trademarks
（1） Not protected by law
《 Trademark law 》 Article 3 provides that ：“ A trademark approved and registered by the trademark office is a registered trademark , Including trade marks 、 Service marks and collective marks 、 Certification mark ; The trademark registrant has the exclusive right to use the trademark , Protected by law .”
So , The biggest risk for enterprises to use unregistered trademarks is that trademarks cannot be protected by relevant laws . The enterprise does not enjoy the exclusive right to use the trademark , Other enterprises can also use the trademark .
（2） Easy to be robbed by others
In our country 《 Trademark law 》 Regulations , The exclusive right to use a trademark can only be obtained through trademark registration , Adopt the principle of prior application , That is, who applies for registration first , Whoever owns the exclusive right to use the trademark .
If the enterprise uses an unregistered trademark , Once the trademark is successfully registered by others , The enterprise may no longer be able to use the trademark , The manpower previously spent on promoting the trademark 、 material resources 、 Financial resources will be wasted .
（3） It is easy to infringe upon the exclusive right of others to use trademarks
Using an unregistered trademark , It is easy to infringe upon the exclusive right of others to use trademarks . If the unregistered trademark used by the enterprise is the same or similar to the trademark previously registered by others , It may constitute an infringement of the exclusive trademark right of the enterprise , Thus causing trademark disputes , It will even bring both sides to court . If it is finally determined that the enterprise has indeed infringed upon the exclusive right of others to use trademarks , It may also compensate others for financial losses .
（4） Trademarks cannot become intangible assets of enterprises
Intangible assets refer to identifiable non monetary assets without physical form owned or controlled by an enterprise . In the field of intellectual property , Intangible assets include patent rights and trademark rights .
Our country 《 Trademark law 》 It stipulates that only successfully registered trademarks receive legal protection , To form the trademark right . If the enterprise uses an unregistered trademark , The trademark will not be protected by law , Then the trademark right cannot be formed , It will not become the intangible assets of the enterprise .
Statement ： We respect originality , And focus on sharing . The copyright of this article belongs to the author , Just for the author's point of view , It does not represent the official account , For reference only . If you want to reprint 、 excerpts , Please contact the author authorized . This article is not intended for commercial use , Only for learning and communication , As in the text 、 picture 、 Audio 、 Video, etc. have the prior intellectual property rights of a third party , Please contact us in time to delete .
author[Enlightened],Please bring the original link to reprint, thank you.
The sidebar is recommended
- Spell a lot of dry goods
- What are the easy-to-use relationship diagram and structure diagram software on the computer?
- Some villages and towns increased by 80 times a month, and large-scale random fines appeared in Bazhou, Hebei Province!
- The first mock exam of the tea garden was born in May 1 square, and was trapped in the May 1 mode.
- Corruption as soon as they are promoted... Young cadres should be vigilant against "early holidays"
- "2022 annual meeting of Chinese listed companies" press conference, held!
- Alibaba investor day: global business Mau accelerates the overseas development of the world's fourth cloud computing Logistics
- Ali announced the goal of carbon neutralization: by 2030, its own carbon neutralization will drive the ecological carbon reduction by 1.5 billion tons in 15 years
- St releases gallium nitride power semiconductor powergan series
- Renesas electronics launches a new vehicle actuator and sensor control MCU
guess what you like
Toshiba launches 4-form-a voltage driven optical relay, one of the smallest package types in the industry
Cheating in marriage, whoring, dating minors... What kind of Wang Leehom did Li Lianglei accuse
Bazhou, Hebei was notified!
HowNet responded to scholars' infringement complaints: when studying the rectification plan, it can not be solved in a day or two. It is busy to zero every day
Tencent: WeChat's sweeping code will be changed dramatically, and no official account is required.
Leetcode's skill of writing questions -- dictionary tree
Detailed process of DNS recursive query and iterative query
Jingfang technology plans to further strengthen its investment in Israel's third-generation semiconductor company visic
More than 16 million in two months! Who is "classmate Zhang"?
- Winter Olympic venues grab "fresh" look! Ice ribbon of "beauty and wisdom"
- Whether to "celebrate the new year on the spot"? The latest response from the national health commission!
- Construction of raspberry pie download tool (aria2 and qbittorrent)
- A headline creation Xiaobai taught you to avoid the thunder I stepped on
- Tiktok operation positioning planning, tiktok positioning strategy
- Tiktok tiktok 7 tiktok rules, understand these and do not later.
- Sogou input method released the 2021 national year catchphrase TOP10: "lie flat" topped the list
- Visual image design of the exhibition "village Suo Shenjing: a journey of memory"
- Once side by side with Huawei and later dragged down by LETV, Coolpad has now attracted Xiaomi tiantuan
- This kind of "eating phase" is not allowed to happen again!
- Sudden! A bridge rollover on a high-speed ramp in Hubei has killed three people
- What should we pay attention to when writing soft text in the process of wechat agent operation?
- Good book - children's space visual image design & amp; Graphic Design & amp; Pioneer of visual image design in color matching design
- 6 easy-to-use drawing software to improve your work efficiency every minute
- The people on the elevated station have been unstable, and many lines such as line 16 have been shut down due to the typhoon
- Some of the most popular flow chart software in the workplace
- On writing: Ten creative methods of dismantling popular titles
- The woman involved in the "Ali female employee case" revealed that she was fired by Ali: the company has no right to fire me
- OA office system: a container for depositing corporate culture
- Brief analysis of headline search - Research on cutting-edge search technology
- Word of mouth marketing of soft text promotion platform (what should we pay attention to when publishing soft text?)
- Baidu Intelligent Cloud new release panorama of knowledge and intelligence capabilities
- We must grasp the last dividend before the tiktok plan.
- Jitter operation strategy, mind map, HD original tiktok
- Can pinduodian group still play now? Hangzhou pinduoduo store is fully managed for agent operation
- Advantages of new media marketing
- Soared 12 times, and cut back in 32 days. 180000 shareholders can sue LETV
- Hard core observation 489 the new chip design of IBM and Samsung can prolong the battery life of mobile phones by one week
- "Comrade Huang Xiaoming, ask you to stop working immediately"!
- She came back to life six hours after her heart stopped beating. How did she do it?
- What on earth are the balls in the hot pot made of? Don't buy these three!
- Delivery of the first electric Hummer Hummer EV Edition 1: 1000 horsepower, starting from about 700000 yuan
- According to the news, the speed of Baidu online disk youth version decreased by 23 times: from 52mb / s to 2Mb / s
- Apple designer knife! Mengniu, established for 22 years, replaced the new logo
- Baidu online disk youth version poster publicity speed changed from 52mb / s to 2Mb / S
- Tencent regulation of the code scan order to focus on official account number
- [see you at 8:00] Langfang: immediately start accountability for the arbitrary collection of fees, fines and apportionment in Bazhou
- Wang Leehom's "human design" collapsed! Many enterprises have issued documents to get rid of the relationship, and more luxury car brands announced the termination of cooperation overnight
- Huawei music and bilibilibili have reached a copyright cooperation to bring more high-quality tracks
- When the holiday comes, Tesla will provide free charging service during off peak hours in many places in the United States