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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 .

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