I, The trademark registration application procedures, applications, fees, etc
1. Introduction of the way to handle trademark applications
2. What is the difference between handling by oneself and entrusting a trademark agency? Which way is faster?
3. What is the process of direct processing in the trademark registration hall? After the application when to get the trademark registration application acceptance notice?
4. What is the process of handling directly at the trademark business acceptance window? After the application when to get the trademark registration application acceptance notice?
5. What is the process of entrusting a trademark agency? After the application when to get the trademark registration application acceptance notice?
6. Domestic natural persons handle trademark registration application requirements and required documents on their own
7. Necessary documents for domestic legal persons or other organizations to apply for trademark registration on their own
8. What are the identity documents for domestic legal persons or other organizations to apply for trademark registration?
9. We are a representative office of a company in Beijing. Can we apply for trademark registration?
10. Foreigners handle trademark registration application requirements and required documents on their own
11. We are a foreign company. Can we apply for trademark registration by ourselves?
12. We are a Hong Kong (Macau/Taiwan) company. Can we apply for trademark registration by ourselves?
13. Residents of Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan Region shall directly apply for trademark registration requirements and necessary documents
14. What is a collective trademark? What documents need to be submitted?
15. What is a certification mark? What documents need to be submitted?
16. What is a geographical indication? What documents need to be submitted?
17. Can I apply for registration of "***" trademark?
18. When should I pay for trademark registration? Do I need to pay any other fees when I get the registration certificate?
II. Fill in the application for trademark registration
1. How to fill in "Applicant name"?
2. How to fill in the "Unified Social Credit Code"?
3. How to fill in "Applicant's nationality/region"?
4. How to fill in "Applicant's address"?
5. How to fill in the "Domestic applicant's contact address"?
6. "Domestic Recipient" What does "domestic recipient address" mean? How to fill in?
7. Is "Domestic recipient address" a mailing address? Can our company fill it out?
8. What does "Trademark Application Statement" mean? How to fill in?
9. How to distinguish between the color combination trademark and the designated color of the trademark when applying?
10. What is "priority based on first application"? How to fill in?
11. In foreign countries, the first application is applied according to one standard and multiple categories. Can I apply according to one standard and claim priority in China? How many documents of priority need to be submitted?
12. The first application in a foreign country is one type of application (multiple applications for the same trademark in different categories on the same day), can you apply for more than one type of application and claim priority in China? How to fill in?
13. If the trademark has been used on the goods displayed at the exhibition, can I claim the right of priority? How to fill in?
14. How to fill in "Trademark Description"?
15. How to fill in "Category", "Goods/services"?
16. What is the Nice Classification? What is the Similar Goods and Services Segmentation Table?
17. To declare "***" goods, which category should be declared? (i.e. how to determine the type of declaration)
18. What are the principles governing the classification of goods?
19. What are the classification principles for services?
20. Are there any relationships between the items in the classification table? For example, in Category 20, there are both "furniture" and "metal furniture". How should I choose?
21. What should I do if the item to be declared is not on the list? (i.e. how to determine the name of the product)
22. Requirements for trademark drawings
23. What should I pay attention to when applying for a 3D logo trademark?
24. What should I pay attention to when applying for a color combination trademark?
25. Do I need to declare when applying for a specified color trademark? How to fill in?
26. What should I pay attention to when applying for a sound trademark?
27. What is the trademark usage? In what cases should I fill in?
III. Rectification of trademark registration application
1. Received a correction notice, how to correct? Is there any additional fee?
2. If the trademark drawing is wrong, can I resubmit the drawing when it is corrected?
3. How to correct the copy of the source of the writing method in the drawing?
4. Classification correction said that the name of the product is not standardized, how to correct?
5. When applying, I have submitted the product description, why also issue a correction?
6. Classification correction said that the name of the product is not standardized, but the industry is called so, how should I make correction?
7. Classification correction said that the name of the product is not standardized, I filled in according to the previously approved name, why also make corrections?
8. A new version of the classification table has been implemented this year. I applied for it last year. Can I declare the items in the new classification when the classification is corrected?
9. Three categories were declared in one application, and now only one category of items needs to be corrected. If the correction is not qualified, will it affect the other two categories?
10. How to calculate the starting time of the rectification notice collected at the return window of the registration hall?
Iv. Others
1. Sometimes it takes a long time to get the acceptance notice of trademark registration application. Why?
2. Received "Notice of rejection of Trademark Registration Application", but I have paid the fee, what should I do?
3. I have submitted the application for registration, but I can't find it on China Trademark online. Why?
4. Can you use the trademark after receiving the acceptance notice?
5. The acceptance notice is lost, can you reissue it?
6. What are the inadmissibility cases?
7. How to check whether a trademark can be registered? -- That is, prior inquiry
8. How can I inquire about the registration of a trademark? -- That is, post query
9. What is a priority document application? What is the process and time?
10. What should I do if the trademark information displayed on China Trademark Online is incorrect?
11. Do I need to re-register after classification adjustment? 18
12. Having obtained the registration certificate, the goods produced now are somewhat different from those on the registration certificate, will they be protected?
13. The trademark used now is not exactly the same as the registration certificate, do I need to register it again?
14. After submitting the online application, do I need to submit a paper copy?
15. Requirements for trademark agencies to file trademark applications
I, the trademark registration application procedures, applications, fees, etc
1. Introduction of the way to handle trademark applications
There are two ways for domestic applicants to apply for trademark registration or handle other trademark matters: one is to handle it by themselves; The second is to entrust the trademark agency registered in the Trademark Office of the State Intellectual Property Office to handle. Independently handle, can through the online service system online to submit application for trademark registration, submit the method as shown in the "China trademark net > online" column, trademark online service system website: http://sbj.cnipa.gov.cn/wssq/; You can also go to the registration hall of the Trademark Office of the State Intellectual Property Office, the office of the Trademark Office in Zhongguancun National Independent Innovation Demonstration Zone, the trademark examination cooperation center set up by the Trademark Office outside Beijing, or the trademark Office entrusted by the local market supervision department or intellectual property department to set up the trademark business acceptance window.
Where a foreigner or foreign enterprise applies for trademark registration and handles other trademark matters in China, it shall entrust a trademark agency established according to law to handle the matter, with the exception of a foreigner or foreign enterprise that has a habitual residence or business office in China.
2. What is the difference between handling by oneself and entrusting a trademark agency? Which way is faster?
There is no difference between the two approaches in the examination of trademark registration applications. The main differences are slight differences in the manner in which the contact is made, the documents submitted, and the manner in which documents are submitted and served.
In terms of the method of contact, if the applicant handles it by himself, the applicant shall directly contact the Trademark Office of the State Intellectual Property Office in the course of handling; Where a trademark agency is entrusted to handle the matter, the applicant shall contact the Trademark Office through the trademark agency in the course of handling, but not directly with the Trademark Office.
In the submission of documents, self-handling, the applicant shall submit the relevant documents in accordance with the provisions; If a trademark agency is entrusted to handle the matter, the applicant shall also submit a power of attorney for entrusting the trademark agency to handle the matter of trademark registration.
In terms of the filing method, if the applicant handles it by himself, the applicant or the manager will directly submit the application documents to the Trademark Registration hall of the Trademark Office of the State Intellectual Property Office (it can also go to the Office of the Trademark Office in Zhongguancun National Independent Innovation Demonstration Zone, and the Trademark Examination Cooperation Center established by the Trademark Office outside Beijing). Or the trademark office entrusts the local market supervision department or intellectual property department to set up the trademark business acceptance window), the applicant can also submit through the online application system; The agency can submit the application documents directly, by mail or through the Courier company to the State Intellectual Property Office, or through the online application system.
In the way of document service, the applicant handled by himself, the trademark Office of various documents are served on the parties; If a trademark agency is entrusted to handle the matter, the documents shall be served on the trademark agency.
3. What is the process of direct processing in the trademark registration hall? After the application when to get the trademark registration application acceptance notice?
The trademark registration hall staff will first review the application documents. Where the application procedures are not complete or the application documents are not filled out in accordance with the provisions, the application documents shall be returned on the spot; If it basically meets the requirements, the application documents shall be received. The trademark Office will then conduct a further review of the application documents.
After further examination, the Trademark Office issues the payment notice, the applicant will be accepted after the payment, and the Trademark Registration Application Acceptance Notice will be issued. After further examination, it basically conforms to the provisions, but needs to be corrected, the trademark Office shall notify the applicant to make a correction. The applicant shall, within 30 days from the date of receipt of the notice, make corrections in accordance with the specified contents and return them to the Trademark Office. If it is corrected and returned within the prescribed time limit, the application date shall be retained; If no rectification is made within the time limit or the rectification is not made in accordance with the requirements, the Trademark Office shall not accept it.
Notice of Correction of Trademark Registration Application, Notice of Rejection of Trademark Registration Application, Notice of Payment of Trademark Registration Application, and Notice of Acceptance of Trademark Registration Application shall be delivered to the applicant by mail. If the applicant fills in the contact address, the document will be delivered to the contact address; If the contact address is not filled in, the document will be delivered to the address filled in the applicant's address box.
4. What is the process of handling directly at the trademark business acceptance window? After the application when to get the trademark registration application acceptance notice?
The applicant shall submit the trademark registration application in the online application form at the trademark business acceptance window. Trademark business acceptance window staff will first review the application documents. If it basically meets the requirements, the application documents shall be received through the online service system. The trademark Office will then conduct a further review of the application documents.
After further examination and qualified, the Trademark Office issues the payment notice, and the applicant shall be accepted after payment. After further examination, it basically conforms to the provisions, but needs to be corrected, the trademark Office shall notify the applicant to make a correction. The applicant shall, within 30 days from the date of receipt of the notice, make corrections online through the online service system in accordance with the specified contents. If it is corrected and returned within the prescribed time limit, the application date shall be retained; If no rectification is made within the time limit or the rectification is not made in accordance with the requirements, the Trademark Office shall not accept it.
Notice of Correction of Trademark Registration Application, Notice of Rejection of Trademark Registration Application, Notice of Payment of Trademark Registration Application, Notice of Acceptance of Trademark Registration Application shall be delivered to the applicant by electronic means, and the applicant may view it through the email address filled in at the time of application.
5. What is the process of entrusting a trademark agency? After the application when to get the trademark registration application acceptance notice?
After receiving the application documents from the trademark agency, the Trademark Office will review the application documents. Where the application procedures for trademark registration are complete, the application documents are filled out in accordance with the provisions and the fees are paid, the Trademark Office shall accept the application; Where the application formalities are not complete, the application documents are not filled out in accordance with the provisions or the fees are not paid, the Trademark Office shall not accept the application. The application procedures are basically complete or the application documents are basically in compliance with the provisions, but need to be corrected, the Trademark Office notify the applicant to make corrections, within 30 days from the date of receipt of the notice, in accordance with the specified content and return to the State Intellectual Property Office. If it is corrected and returned within the prescribed time limit, the application date shall be retained; If no rectification is made within the time limit or the rectification is not made in accordance with the requirements, the Trademark Office shall not accept it.
"Trademark registration application correction Notice" "Trademark registration application rejection Notice" "Trademark registration application payment Notice" "Trademark registration application acceptance Notice" will be delivered to the trademark agency.
6. Domestic natural persons handle trademark registration application requirements and required documents on their own
When a domestic natural person directly applies for trademark registration, the following documents shall be submitted: the Application for Trademark Registration filled out and printed in accordance with the provisions and signed by the applicant, the trademark pattern, a copy of the business license of individual industrial and commercial households, and a copy of the identity certificate. For the specific requirements of trademark registration application and trademark pattern, please refer to the column "China Trademark Network > Trademark Application > Application Guide".
A rural contracted business household may file an application for trademark registration in the name of the contracting party, and the scope of goods and services shall be limited to the agricultural and sideline products operated by the household. A copy of the contract should be submitted when applying.
Domestic natural persons who meet the above conditions can submit applications through the trademark online application system on their own after handling the user registration of the trademark online application system. For details, please refer to the "China Trademark Network > Online Application" column.
When the same applicant handles multiple trademark registration applications at the same time, it is only necessary to provide a copy of the ID card, a copy of the individual business license or a copy of the contract.
7. Necessary documents for domestic legal persons or other organizations to apply for trademark registration on their own
When a domestic legal person or other organization directly handles an application for trademark registration, it shall submit the following documents: an Application for Trademark Registration filled out and printed in accordance with the provisions and stamped with the applicant's official seal, trademark pattern and photocopy of identity documents. For specific requirements for filing an application, please refer to the section "China Trademark Website > Trademark Application > Application Guide".
Domestic legal persons or other organizations may submit applications through the trademark online application system on their own after handling the user registration of the trademark online application system. For details, please refer to the "China Trademark Network > Online Application" column.
When the same applicant handles multiple trademark registration applications at the same time, only one copy of identification documents (such as a copy of business license) is required.
8. What are the identity documents for domestic legal persons or other organizations to apply for trademark registration?
If the applicant is a domestic legal person or other organization, the identification document marked with a unified social credit code shall be used. Enterprises should generally submit business licenses, non-enterprises can submit the "public institution legal person certificate", "social organization legal person registration certificate", "private non-enterprise unit registration certificate", "Foundation legal person registration certificate", "law firm practice license" and other identity documents.
Note that periodical certificate, school license, health license, etc., cannot be used as identification documents for applicants.
9. We are a representative office of a company in Beijing. Can we apply for trademark registration?
A representative office or office may not apply for trademark registration in its own name.
10. Foreigners handle trademark registration application requirements and required documents on their own
Foreigners shall entrust trademark agencies established according to law to handle trademark applications. Foreigners who have habitual residence in China may do so on their own. Directly to the business registration hall, the following documents should be submitted: in accordance with the provisions of the "trademark registration application" filled in and printed and signed by the applicant, trademark design, a copy of the applicant's identity document, issued by the public security department "permanent residence Permit for foreigners" or "residence permit for foreigners" valid for more than one year. For the specific requirements of trademark registration application and trademark pattern, please refer to the column "China Trademark Network > Trademark Application > Application Guide".
Foreigners who have a habitual residence in China can also submit an application through the trademark online application system. For details, please refer to the "China Trademark Network > Online Application" column.
11. We are a foreign company. Can we apply for trademark registration by ourselves?
Where a foreign enterprise without a business office in China applies for trademark registration and handles other trademark matters in China, it shall entrust a lawfully established trademark agency to handle the matter. Note: A wholly owned branch established by a foreign enterprise in China according to law is a Chinese enterprise, not its business office in China.
12. We are a Hong Kong (Macau/Taiwan) company. Can we apply for trademark registration by ourselves?
Enterprises in Hong Kong Special Administrative Region and Macao Special Administrative Region that have no business offices in the Mainland, and enterprises in Taiwan region that have no business offices in the mainland shall entrust trademark agencies established according to law to handle trademark applications. Enterprises from Hong Kong Special Administrative Region and Macao Special Administrative Region with business offices in the Mainland and enterprises from Taiwan region with business offices in the mainland may handle trademark applications on their own.
13. Residents of Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan Region shall directly apply for trademark registration requirements and necessary documents
Residents of Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan region shall entrust trademark agencies established according to law to handle trademark applications. Hong Kong, Macao and Taiwan residents holding Mainland Travel Permit for Hong Kong and Macao Residents, Mainland Travel Permit for Taiwan Residents or Residence Permit for Hong Kong, Macao and Taiwan Residents within a period of validity (more than one year) may apply for it by themselves. Directly to the trademark registration hall of the trademark Office, the following documents should be submitted: in accordance with the provisions of the "trademark registration Application" filled in and printed and signed by the applicant, the trademark pattern, the applicant's pass or residence permit copy. For the specific requirements of trademark registration application and trademark pattern, please refer to the column "China Trademark Network > Trademark Application > Application Guide".
Residents of Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan region who meet the conditions of handling on their own can also submit applications through the trademark online application system. For details, please refer to the "China Trademark Network > Online Application" column.
14. What is a collective trademark? What documents need to be submitted?
Collective trademark refers to a mark registered in the name of a group, association or other organization for the use of the members of the organization in commercial activities to indicate the user's membership in the organization.
When directly handling the application for collective trademark registration, in addition to submitting the Application for Trademark Registration filled out and printed in accordance with the provisions and stamped with the applicant's official seal, trademark pattern, photocopy of identity documents (stamped by the applicant), it shall also submit the collective trademark use management rules, collective member list, etc. For specific requirements for filing an application, please refer to the section "China Trademark Website > Trademark Application > Application Guide".
15. What is a certification mark? What documents need to be submitted?
Certification mark refers to a mark controlled by an organization that has the ability to supervise a certain commodity or service, and used by units or individuals outside the organization on its goods or services to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the commodity or service.
When directly handling the application for certification trademark registration, in addition to submitting the "Application for Trademark Registration" filled in and printed in accordance with the provisions and stamped with the applicant's official seal, trademark pattern, photocopy of identity documents (stamped by the applicant), it shall also submit the management rules for the use of certification trademarks. It shall specify in detail the professional and technical personnel and professional testing equipment it has or the institution it entrusts, so as to show that it has the ability to supervise the quality of the specific goods proved by the certification mark. For specific requirements for filing an application, please refer to the section "China Trademark Website > Trademark Application > Application Guide".
16. What is a geographical indication? What documents need to be submitted?
A geographical indication is a sign indicating that a commodity originates from a certain region and that the specific quality, reputation or other characteristics of the commodity are mainly determined by the natural or human factors of the region.
Geographical indications may be applied for registration as certification marks or collective marks. For specific requirements for filing an application, please refer to the section "China Trademark Website > Trademark Application > Application Guide".
17. Can I apply for registration of "***" trademark?
Any sign that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, as well as the combination of the above elements, may be applied for registration as a trademark. The applicant shall determine the trademark to be registered according to his actual situation. For specific requirements for filing an application, please refer to the section "China Trademark Website > Trademark Application > Application Guide".
The trademark for which an application for registration is applied shall have distinctive features, be easy to identify, and shall not conflict with the lawful rights previously acquired by others. Where a trademark for which registration has been applied is not in conformity with the relevant provisions of the Trademark Law or is identical with or similar to another person's trademark that has been registered or preliminarily approved in respect of the same kind of goods or similar goods, the Trademark Office shall reject the application and shall not publish it. The applicant shall consult the relevant provisions of the Trademark Law, the Implementation Regulations of the Trademark Law and the Guide to Trademark Examination and Trial on the China Trademark Website.
18. When should I pay for trademark registration? Do I need to pay any other fees when I get the registration certificate?
For applications filed since December 30, 2019, the parties to the trademark application and their agencies shall pay the fees to the Trademark Office within the prescribed time after receiving the payment notice. No additional fees are required to obtain the registration certificate. For the amount and payment method of trademark registration fee, please refer to the column "China Trademark Network > Trademark Application > Application Guide".
II. Fill in the application for trademark registration
1. How to fill in "Applicant name"?
The applicant shall fill in the name on the identification document. The name of the applicant shall be the same as the name in the stamp (signature) of the "Applicant's stamp (signature)" and the name in the attached identification document.
If the applicant is a natural person, the identification document number shall also be indicated after the name.
The foreign applicant shall also fill in the English name in the English field.
In the case of a joint application, the designated representative shall be filled in the "Applicant name" column, and the names of other co-applicants shall be filled in the "Annex to the application for Trademark Registration - List of names of other co-applicants" column. If no representative is designated, the first person listed in the order in the application form shall be the representative.
2. How to fill in the "Unified Social Credit Code"?
Applicants should fill in the uniform Social credit code marked on their identification documents, foreign applicants do not fill in this field.
3. How to fill in "Applicant's nationality/region"?
Applicants should fill in truthfully, domestic applicants do not fill in this field.
4. How to fill in "Applicant's address"?
The applicant shall fill in the address in the identification document. Where the address in the identification document does not contain the administrative division such as province, city or county, the applicant shall add the name of the corresponding administrative division.
The address of the foreign applicant who meets the conditions of handling the trademark application by himself shall be filled in in detail by the administrative division of the province, city, county and so on.
Foreign applicants who do not meet the requirements of handling trademark applications on their own shall also fill in the detailed address in both Chinese and English.
5. How to fill in the "Domestic applicant's contact address"?
The domestic applicant fills in this column to receive the legal documents of the successor trademark business of the trademark; At the same time, it is also used for domestic applicants who handle this application by themselves to receive various documents. If the domestic applicant does not fill in the contact address, the document will be delivered to the address filled in the address box of the applicant. If the documents of the State Intellectual Property Office cannot be served, they shall be served by public announcement.
6. "Domestic Recipient" What does "domestic recipient address" mean? How to fill in?
The "Domestic Recipient of Foreign Applicant", "Domestic Recipient Address" and "Postal Code" fields are for foreign applicants to fill in. The foreign applicant shall designate in the application a domestic receiver to be responsible for receiving the legal documents of the State Intellectual Property Office for the subsequent trademark business. The address of the domestic recipient shall be filled in with the name of the province, city, county and other administrative divisions.
Domestic applicants do not fill in this field.
7. Is "Domestic recipient address" a mailing address? Can our company fill it out?
"Domestic Recipient Address" means the address of the domestic recipient designated by the foreign applicant, not the applicant's correspondence address. Domestic applicants do not fill in this column, you can fill in the "domestic applicant contact address" column.
8. What does "Trademark Application Statement" mean? How to fill in?
An application for the registration of a collective trademark or certification trademark, an application for the registration of a trademark with a three-dimensional sign, a color combination, or a sound sign, and a declaration shall be made in this column where two or more applicants jointly apply for the registration of the same trademark. The applicant shall make the selection according to the application content, and attach the relevant documents.
9. How to distinguish between the color combination trademark and the designated color of the trademark when applying?
A color combination trademark is a trademark consisting of two or more colors. Apply for trademark registration by color combination, should be declared in the application, that is, in the "trademark application declaration" box tick "apply for trademark registration by color combination", and paste in the trademark pattern box coloring pattern. If the trademark designates a color, it means that the trademark pattern is colored text, graphics or their combination. Do not check "Apply for trademark registration by color combination" when applying, and paste the coloring pattern in the trademark pattern box.
Apply for trademark registration by color combination, in addition to the declaration in the application, should also pay attention to the following points:
(1) The constituent elements of a trademark are two or more colors. When applying for trademark registration by color combination, the trademark drawing shall be a color block representing the color combination, or a graphic outline representing the location where the color is used. The graphic outline is not an element of the trademark and must be represented by a dotted line, not a solid line.
(2) Apply for trademark registration by color combination, shall submit a text description, indicating the color code, and explain the use of the trademark. Text description, color code, trademark usage should be filled in the "trademark Description" column.
10. What is "priority based on first application"? How to fill in?
Article 25 of the Trademark Law stipulates that where an applicant for trademark registration files another application for trademark registration in China with respect to the same trademark for the same goods within six months from the date of the first application for trademark registration in a foreign country, the applicant may enjoy the right of priority in accordance with the agreement concluded between that foreign country and China or the international treaty to which both countries are parties, or in accordance with the principle of mutual recognition of priority.
If the applicant claims priority in accordance with Article 25 of the Trademark Law, select "Priority based on the first application" and fill in the columns of "Application/exhibition country/region", "Application/exhibition date" and "Application number". The applicant shall also submit documents evidencing the right of priority (including the original and Chinese translation); If the priority certification documents cannot be submitted at the same time, the "priority certification documents shall be added later" shall be selected and submitted within three months from the date of application. If the applicant fails to make a written declaration or fails to submit documents certifying the right of priority within the time limit, the applicant shall be deemed to have not claimed the right of priority.
The document certifying priority refers to the copy of the application for trademark registration filed for the first time by the applicant, which shall be certified by the trademark competent authority handling the application, and indicate the date and number of the application.
11. In foreign countries, the first application is applied according to one standard and multiple categories. Can I apply according to one standard and claim priority in China? How many documents of priority need to be submitted?
When the applicant claims the right of priority in accordance with the provisions of Article 25 of the Trademark Law, if the applicant's multiple trademark registration applications are based on the same first application to claim the right of priority, it may submit an original copy of the right of priority document in one of the applications, and indicate the specific application where the original copy of the right of priority document is located in the other applications. If the proof of priority document is filed within three months of the filing date, a note shall be attached indicating all the application numbers for trademark registration on the basis of which the proof of priority document is claimed.
12. The first application in a foreign country is one type of application (multiple applications for the same trademark in different categories on the same day), can you apply for more than one type of application and claim priority in China? How to fill in?
When the applicant claims the right of priority in accordance with Article 25 of the Trademark Law, it may claim the right of priority based on its multiple first applications in the same country, the same filing date and the same trademark, fill in the application number of the first application one by one in the field of "Application number", and shall attach the priority certification documents of all application numbers.
13. If the trademark has been used on the goods displayed at the exhibition, can I claim the right of priority? How to fill in?
Article 26 of the Trademark Law provides that where a trademark is used for the first time on goods displayed at an international exhibition sponsored or recognized by the Chinese government, the applicant for registration of the trademark may enjoy priority within six months from the date the goods are displayed.
If the applicant claims priority in accordance with Article 26 of the Trademark Law, select "exhibition-based priority" and fill in the columns of "Application/exhibition country/region" and "Application/exhibition date". The applicant shall also submit documents evidencing the right of priority (including the original and Chinese translation); If the priority certification documents cannot be submitted at the same time, the "priority certification documents shall be added later" shall be selected and submitted within three months from the date of application. If the applicant fails to make a written declaration or fails to submit documents certifying the right of priority within the time limit, the applicant shall be deemed to have not claimed the right of priority.
The documentary proof of priority shall contain the name of the exhibition in which its goods are displayed, evidence of the use of the trademark on the goods on display, the date of the exhibition, etc. Priority documents are generally issued or certified by the exhibition organizer.
14. How to fill in "Trademark Description"?
The applicant shall fill it out according to the actual situation. Where an application for trademark registration is made with a three-dimensional sign or a sound sign, the method of using the mark shall be stated. Where an application for trademark registration is made by means of a combination of colors, a written description shall be submitted, indicating the color code and explaining the method of using the trademark. Where the trademark is in a foreign language or contains a foreign language, the meaning shall be stated.
Other matters that the applicant considers necessary to explain may also be explained in this column.
15. How to fill in "Category", "Goods/services"?
An applicant for trademark registration may apply for the registration of the same trademark in respect of multiple classes of goods through one application. The applicant should fill in the category and the name of the commodity/service item according to the "Similar Goods and Service Item Zoning Table". Items of goods/services should be filled in according to the category, each category of items should be marked with a serial number. If the category and goods/services cannot be filled in, please fill in the attached page in the format of this application. After completing all categories and items, the words "Deadline" shall be marked.
The goods/services column in the Application for Trademark Registration should fill in the specific name of the goods/services (such as the project name coded for 6 digits in the Similar Goods and Services Division Table), and cannot fill in the category title and similar group name (coded for 4 digits).
16. What is the Nice Classification? What is the Similar Goods and Services Segmentation Table?
The International Classification of Goods and Services for the registration of Marks (Nice Classification) is based on an agreement reached by the Nice Diplomatic Conference on 15 June 1957 (Nice Agreement). Each State party to the Nice Agreement is obliged to use the Nice classification in the registration of marks and to indicate in official documents and publications relating to the registration of marks the class number of the international classification in which the goods or services to which the mark is registered are located. Our country joined the Nice Agreement in 1994.
The List of Similar Goods and Services is compiled by the competent trademark department in order to meet the needs of trademark retrieval, examination and management, summarizing the practical work experience over the years, and extensively soliciting the opinions of various departments, combining some goods or services that have specific connections and are easy to cause misidentification. The List of Similar Goods and Services can be used as a reference for trademark examiners, trademark agents and trademark registration applicants to judge similar goods or services, and can also be used as a reference for administrative and judicial organs to judge similar goods or services when handling trademark cases.
17. To declare "***" goods, which category should be declared? (i.e. how to determine the type of declaration)
The "Similar Goods and Services Classification Table" follows the system of the "International Classification of Goods and Services for the registration of Trademarks" (Nice classification), and the title of each category in the table indicates the scope of goods or services classified in that category in principle, and the various types of [notes] provide ideas for determining the categories of goods and services. The applicant may determine the category according to the category headings and notes of each category.
After examination, if the applicant's declaration category is incorrect or the project name is not standardized, the Trademark Office will issue a notice of correction requiring the applicant to make corrections.
18. What are the principles governing the classification of goods?
The International Classification of Goods and Services for the Registration of Trademarks (Nice Classification) provides general principles for the classification of goods and services. The applicant can consult. In general, the names of goods or services listed in the category headings constitute, in principle, general names for the scope to which those goods or services broadly fall. So to determine the classification of each good or service, look at the alphabetical list of categories. If a commodity cannot be classified according to the classification table (category sequential classification table, notes and alphabetical classification table), the following notes indicate the possible criteria:
(1) Manufactured goods are, in principle, classified according to their function or use. If none of the category headings refers to the function or use of a finished product, the finished product is classified according to other similar finished products in the alphabetical classification table. If there is no similar, it can be classified according to auxiliary criteria, such as by the raw material of the finished product or its mode of operation.
(2) Multifunctional composite products (e.g., composite products of clocks and radios) may be divided into all categories corresponding to the function or use of their components. If none of these functions or uses are addressed by the category headings, the criteria set out in clause (1) may be applied.
(3) Raw materials, unprocessed products or semi-finished products are classified in principle according to the raw materials of which they are composed.
(4) If a commodity is a part of another product and cannot normally be used for another purpose, it is in principle classified in the same class as the product of which it is composed. All other cases are classified according to the criteria indicated in article (1).
(5) When the finished product or non-finished product is classified according to the raw materials of which it is composed, if it is made of several different raw materials, it is classified in principle according to its main raw materials.
(6) Special containers for holding goods, in principle and the goods are classified in the same category.
Please refer to the "China Trademark Network > Trademark Application > Classification of Goods and Services" column.
19. What are the classification principles for services?
The International Classification of Goods and Services for the Registration of Trademarks (Nice Classification) provides general principles for the classification of goods and services. The applicant can consult. In general, the names of goods or services listed in the category headings constitute, in principle, general names for the scope to which those goods or services broadly fall. So to determine the classification of each good or service, look at the alphabetical list of categories. If a service cannot be classified according to the classification table (category table, notes and alphabet), the following notes indicate the possible criteria:
(1) Services are, in principle, classified according to the industries listed in the service category title and its notes, or, if not listed, by comparison with other similar services in the alphabetical classification table.
(2) Rental services, in principle, are classified in the same category as services achieved by rental goods (e.g. rental telephones, classified in category 38). Rental services are similar to rental services and should be classified under the same principles. But finance leases are financial services, which fall under category 36.
(3) Services providing advice, information or consultation are, in principle, classified in the same category as those involved in the provision of the service, such as transport consultancy (category 39), business management consultancy (category 35), financial consultancy (category 36), beauty consultancy (category 44). The provision of advice, information or advice by electronic means (e.g. telephone, computer) does not affect the classification of such services.
(4) The services of a franchise are in principle classified in the same category as those provided by the franchisor (e.g., business advice of a franchise (class 35), financial services of a franchise (class 36), legal services of a franchise (class 45)).
Please refer to the "China Trademark Network > Trademark Application > Classification of Goods and Services" column.
20. Are there any relationships between the items in the classification table? For example, in Category 20, there are both "furniture" and "metal furniture". How should I choose?
In the International Classification of Goods and Services for the Registration of Marks (Nice Classification), although there may be conceptually inclusive or intersecting relations between items of the same category, the Nice Classification does not define the concept of items. The names of goods and services listed in the list of categories are to indicate the categories of different goods and services, so as to facilitate the applicant to make classification reference when applying for trademark registration. Taking Category 20 items "furniture" and "metal furniture" as an example, some goods are classified according to material in the Nice classification, such as metal building materials belong to category 6, non-metal building materials belong to category 19, but furniture is not classified according to material, furniture of various materials belong to category 20. In order to make it clear that furniture made of metal also falls under category 20, the items in Category 20 include "metal furniture" in addition to "furniture".
The Classification of Similar Goods and Services follows the system of the International Classification of Goods and Services for the registration of Marks (Nice Classification). The applicant may choose the name of the project to be declared according to the actual situation.
21. What should I do if the item to be declared is not on the list? (i.e. how to determine the name of the product)
The "Similar Goods and Services Classification Table" follows the system of the "International Classification of Goods and Services for the registration of Trademarks" (Nice classification), and the title of each category in the table indicates the scope of goods or services classified in that category in principle, and the various types of [notes] provide ideas for determining the categories of goods and services. For goods or services that are not listed in the classification table, the applicant can refer to the title and [note] of each category in the Similar Goods and Services Division Table to determine the declaration category; It should be filled in according to the classification principle, using specific, accurate and standardized names, to avoid the use of vague, too broad and not enough to divide its category or similar group of goods or services. On the one hand, it is necessary to pay attention to the name of the goods or services itself to express clear and accurate, in line with the general public's language habits and rules for the use of words; On the other hand, it should be noted that it is enough to distinguish from other categories of goods or services, and should not cause confusion and misidentification.
Example 1: The computer industry commonly used "notebook" refers to "laptop", but this is a non-standard abbreviation, under normal circumstances "notebook" refers to paper stationery, belongs to the 16th class, in the 9th class declaration should be declared "notebook" or "notebook computer".
Example 2: "Electric machine". A motor is a machine that produces and applies electrical energy, including generators and motors. According to the current classification principle, "generator" belongs to class 7; The "electric motor" is divided into "land vehicle motor" and "non-land vehicle motor", the former belongs to Class 12, the latter belongs to class 7. Therefore, "motor" and "motor" are non-standard commodity names.
Example 3: "Cooked products". Most cooked products belong to Class 29, but they belong to different similar groups, such as cooked pork belongs to 2901 similar group, cooked fish belongs to 2902 similar group, cooked fruits belong to 2904 similar group, cooked vegetables belong to 2905 similar group and so on. Therefore, "cooked products" is a non-standard product name.
The applicant shall use specific, accurate and standardized commodity names in the declaration. The Trademark Office will examine the name of the goods declared by the applicant, and if it is not standardized, it will issue a rectification notice and require the applicant to make a rectification.
Please refer to the "China Trademark Network > Trademark Application > Classification of Goods and Services" column.
22. Requirements for trademark drawings
Print or paste one copy of the trademark in the designated location of the application. The pattern of the trademark shall be clear, and the length and width shall be no more than 10 cm and no less than 5 cm.
To apply for trademark registration by color combination or coloring pattern, shall submit coloring pattern, and submit a black and white draft; If no color is specified, black and white drawings shall be submitted. For the black and white draft required for the color combination trademark and the designated color trademark, a separate plate should be made to produce a clear black and white pattern, and the original pattern cannot be simply copied. The black and white draft may not be submitted at the time of registration application, and the State Intellectual Property Office will notify the applicant to submit a supplement if necessary in the follow-up examination.
Apply for trademark registration by color combination or coloring pattern, shall submit coloring pattern, and submit a black and white draft (may not be submitted at the time of registration application, if necessary in the follow-up review, the Trademark Office will notify the applicant to submit additional); If no color is specified, black and white drawings shall be submitted.
Where a three-dimensional mark is applied for trademark registration, a drawing that can determine the three-dimensional shape shall be submitted, and the submitted trademark drawing shall contain at least three views.
Where an application is made for the registration of a trademark by means of a sound sign, the sound applied for as a trademark shall be described in staff notation or simplified notation and accompanied by a written description; If it cannot be described by staff or simple notation, it shall be described in words; The trademark description should match the sound sample.
23. What should I pay attention to when applying for a 3D logo trademark?
Three-dimensional logo trademarks, also commonly known as three-dimensional trademarks. To apply for trademark registration with a three-dimensional sign, you should select "Apply for trademark registration with a three-dimensional sign" in the "trademark application Declaration" column in the application, explain the use of the trademark in the "trademark description" column, and print or paste one copy of the trademark pattern in the application trademark pattern box.
Where a three-dimensional mark is applied for trademark registration, the trademark drawing shall be able to determine the three-dimensional shape and shall contain at least three views (front view, side view, upward view, top view, etc.). The multifaceted view submitted should belong to the same three-dimensional logo, and the overall drawing containing the multifaceted view should not be greater than 10×10 cm, not less than 5×5 cm.
If the 3D logo contains text, the text part shall be the correct position of the logo in the 3D shape view and shall not be independent of the view.
24. What should I pay attention to when applying for a color combination trademark?
"Color combination trademark" means a trademark consisting of two or more colors, the constituent element of which is color. Apply for trademark registration by color combination, shall select "Apply for trademark registration by color combination" in the "Trademark Application Statement" column of the application; Specify the color name and color number in the "Trademark Description" column, and explain the use of the trademark; Print or paste 1 copy of the coloring pattern in the application trademark pattern box.
Where a trademark registration is applied for by a combination of colors, the trademark drawing shall be a color block representing the way the colors are combined, or a graphic outline representing the location where the colors are used. The graphic outline is not an element of the trademark and must be represented by a dotted line, not a solid line.
25. Do I need to declare when applying for a specified color trademark? How to fill in?
Application for trademark registration with coloring drawings is not required to declare. Print or paste only one copy of the coloring pattern in the application trademark pattern box.
26. What should I pay attention to when applying for a sound trademark?
To apply for trademark registration with a sound sign, it shall select "Apply for trademark registration with a sound sign" in the "Trademark Application Declaration" column of the application, and explain the use of the trademark in the "Trademark Description" column.
In addition, a copy of the trademark drawing shall be printed or pasted in the trademark drawing box of the application, which shall describe the sound trademark applied for registration. Specifically: to use staff or simple notation to describe the sound applied for use as a trademark and add text description; What cannot be described by staff or simple notation shall be described in words. Note: The entire trademark description (including staff or simplified notation, and text description) should be produced in one copy of the trademark drawing. The description should be accurate, complete, objective and easy to understand. The trademark description should be consistent with the sound sample, for example, if the sound sample contains lyrics, the trademark description should also state the lyrics. In addition, the staff or simplified score should not contain the name of the piece.
An application for trademark registration with a sound sign shall also be accompanied by a sound sample. The audio file of the sound sample should be stored on a CD-ROM, and there should be only one audio file on that CD-ROM. The audio file of the sound sample should be less than 5MB and in wav or mp3 format. Note: The trademark description should be consistent with the sound sample.
27. What is the trademark usage? In what cases should I fill in?
Simply put, the trademark use is the way the applicant uses the trademark, such as in what way or under what circumstances the applicant uses the trademark in the goods or services applied. For example, the shape of the candy produced by the applicant is a special three-dimensional logo shape, then when the applicant applies for trademark registration with a three-dimensional logo on the Class 30 commodity "candy", the trademark use method can be filled in "the three-dimensional logo is used on the shape of the candy".
In the case of applying for trademark registration with a three-dimensional sign, color combination or sound sign, the way of using the trademark shall be explained in the "Trademark Description" column.
III. Rectification of trademark registration application
1. Received a correction notice, how to correct? Is there any additional fee?
The rectification notice has listed the required rectification matters, and the back of the rectification notice has a detailed "Explanation on the correction of goods/services items", which should be filled in according to the rectification requirements and instructions, and returned to the State Intellectual Property Office. There is no fee for correction.
2. If the trademark drawing is wrong, can I resubmit the drawing when it is corrected?
The trademark drawing may not be modified after the application for trademark registration has been submitted. If the trademark drawing is not clear and the State Intellectual Property Office requires the applicant to make corrections, the applicant may resubmit a clear trademark drawing, but may not change the trademark drawing.
3. How to correct the copy of the source of the writing method in the drawing?
If it is required to submit a copy of the source of the text in the drawing, it shall submit a copy of the text on the page of various dictionaries, calligraphy posts and other formal publications, and the text on the copy shall be consistent with the text in the trademark drawing.
If the text is designed by the applicant and has no source, it should be indicated.
4. Classification correction said that the name of the product is not standardized, how to correct?
The trade name should be specific, accurate and standardized in order to clearly specify the scope of protection of the trademark. The applicant should try to use the existing names of goods or services in the Classification of Goods and Services for Trademark Registration. If the existing name is not used, it should be filled in according to the classification principle, using a specific, accurate and standardized name, to avoid the use of vague, too broad and not enough to divide its category or similar group of goods or services.
On the one hand, it is necessary to pay attention to the name of the goods or services itself to express clearly and accurately, in line with the general public's language habits and rules for the use of words. For example, words such as "not belonging to another class", "of this class", "of the above goods" should not be used, and the use of "... That is..." The expression of. Should not generally declare "××× accessories", "××× accessories", but should declare the specific name of the product.
On the other hand, it should be noted that it is enough to distinguish from other categories of goods or services, and should not cause confusion and misidentification. For example, "holiday camping services" cross categories, of which "holiday camping entertainment services" belong to class 41, and "holiday camping accommodation services" belong to class 43.
5. When applying, I have submitted the product description, why also issue a correction?
The trade description helps the trademark Office to determine the class and similar group of goods, but it does not mean that the trade name can be accepted as long as the trade description is submitted. For example, "household appliances", although it is a conventional commodity title in People's Daily life, it includes too large a scope, involving multiple categories of goods in the commodity classification table, and is not allowed to be used when applying for trademark registration. In addition, for some multifunctional products, can be classified into the corresponding category of its function, as for the declaration in which category is determined by the applicant according to his actual situation, the applicant can declare in one or more categories. When applying for trademark registration, the name of the commodity should be specific, accurate, standardized, and comply with the principle of classification; Avoid using names of goods or services that are vague, unspecific, overly generalised and not sufficient to classify them into categories or similar groups.
6. Classification correction said that the name of the product is not standardized, but the industry is called so, how should I make correction?
The trade name should be specific, accurate and standardized in order to clearly specify the scope of protection of the trademark. Such as the computer industry commonly used "notebook" refers to "laptop", but this is a non-standard abbreviation, under normal circumstances "notebook" refers to paper stationery, belongs to the 16th class, in the 9th class declaration should be declared "notebook" or "notebook computer". Another example is "motor", which refers to the machine that generates and applies electrical energy, including generators and motors. According to the current classification principle, "generator" belongs to class 7; The "electric motor" is divided into "land vehicle motor" and "land vehicle motor", the former belongs to Class 12, the latter belongs to class 7. Therefore, the applicant should use specific, accurate and standardized commodity names in the declaration.
7. Classification correction said that the name of the product is not standardized, I filled in according to the previously approved name, why also make corrections?
The commodity classification criteria are not immutable, and the Nice Classification is regularly revised by the Nice Classification Committee of Experts. The applicant shall make the declaration in accordance with the Nice classification version at the time of application.
8. A new version of the classification table has been implemented this year. I applied for it last year. Can I declare the items in the new classification when the classification is corrected?
Where an application for trademark registration is made before the implementation of the new version of the classification table, the classification principles and standards for the goods and services declared shall apply to the old version of the classification table.
For example, in the 2015 text of the Similar Goods and Services Sub-Table, "insect needles" belong to category 16. The 10th edition of the Nice Classification 2016 text adds a new commodity "insect needle" to Category 26. Accordingly, "insect needle" was added to Category 26 of the 2016 text of the Similar Goods and Services Sub-Table, and "insect needle" was deleted in category 16. The applicant submitted the trademark registration application in 2015, and received the rectification notice in 2016, if the applicant wants to declare the commodity "insect needle", it should still be declared in Class 16 according to the 2015 text, and cannot be declared in Class 26 according to the 2016 text.
9. Three categories were declared in one application, and now only one category of items needs to be corrected. If the correction is not qualified, will it affect the other two categories?
The Trademark Office notifies the applicant to make corrections, but if the applicant fails to make corrections within the time limit or fails to make corrections as required, the Trademark Office shall not accept the case. The Trademark Office made a decision not to accept the trademark registration application, so the other two categories of the trademark registration application can not retain the application date.
10. How to calculate the starting time of the rectification notice collected at the return window of the registration hall?
According to the Regulations on the Implementation of the Trademark Law, the date on which the State Intellectual Property Office serves various documents to the parties concerned, if mailed, the date of postmark received by the parties shall prevail; If the date of the postmark is not clear or there is no postmark, the document shall be deemed to have been served on the party after 15 days from the date of issuance, unless the party can prove the actual date of receipt; For direct submission, the date of submission shall prevail; Where the document is served by means of a data message, it shall be deemed to have been served on the party 15 days after the date of issuance of the document, unless the party can prove the date on which the document entered its electronic system. If the document cannot be served by the above means, it may be served by public announcement, and the document shall be deemed to have been served on the party after the expiration of 30 days from the date of publication of the announcement.
When the applicant receives the rectification notice at the return window of the registration hall, if the State Intellectual Property Office has not published the notice of service, or although the notice of service has been published, but not 30 days from the date of publication of the notice, the applicant shall be deemed to have served the party when receiving the return letter; If the State Intellectual Property Office has published a notice of service and 30 days have elapsed since the date of publication of the notice, the document shall be deemed to have been served after 30 days have elapsed since the date of publication of the notice.
Iv. Others
1. Sometimes it takes a long time to get the acceptance notice of trademark registration application. Why?
After receiving the trademark registration application documents, the Trademark Office shall first examine the application procedures and the application documents; If it basically meets the requirements, the paper application shall be electronic (scanning and input); Then review whether the declared goods and services are standardized and in line with the declared categories; Identify the trademark lead elements (graphics and text). If the applicant passes the examination and pays the trademark fees, a notice of acceptance shall be issued. After examination, the trademark Office will notify the applicant to make corrections. The applicant shall be issued a notice of acceptance after he/she has passed the requirements within the prescribed time limit. At present, the Trademark Office is vigorously promoting the reform of trademark registration facilitation, and the issuance time of the acceptance notice has been shortened to 1 month. If there are circumstances that need to be corrected, the issuance time of the acceptance notice will be extended accordingly, and I hope that the majority of trademark applicants can understand.
2. Received "Notice of rejection of Trademark Registration Application", but I have paid the fee, what should I do?
Paying the fee is the last step in the trademark acceptance process. If the application is not accepted because the application procedures are not complete or the application documents are not filled in according to the provisions, the acceptance trademark registration fee has not been collected. If the applicant entrusts an agency to handle it on its behalf and pays the fee to the agency, please contact the agency. If the fee has been paid online through the online application system, the amount will be refunded to the original payment card or account.
3. I have submitted the application for registration, but I can't find it on China Trademark online. Why?
This could happen in a number of ways. For example, the goods or services declared by the applicant are not standardized and need to be corrected; Or the applicant entrusts the agency to act, but the Trademark Office has not received the application documents submitted by the agency.
If the applicant needs to check whether the Trademark Office has received the application document, it is recommended that the applicant write to check, and the letter should indicate the applicant's name, the name of the agency, the category of declaration, the trademark, the date of submission, the registered mail or express mail number and other details.
4. Can you use the trademark after receiving the acceptance notice?
The acceptance notice only indicates that the trademark registration application has been accepted by the Trademark Office, and does not indicate that the applied trademark has been approved for registration. A trademark remains an unregistered trademark after the application has been filed but before the registration has been approved and must still be used as an unregistered trademark. If the use of the trademark infringes on the exclusive right of another person to use the trademark, it shall not affect the investigation and punishment of the act by the relevant administrative department for industry and commerce.
5. The acceptance notice is lost, can you reissue it?
The acceptance notice only indicates that the trademark registration application has been accepted by the Trademark Office, does not indicate that the applied trademark has been approved for registration, and there is no reissue process. If the applicant has special circumstances, should write to explain the reasons, the trademark Office will determine whether to reissue according to the actual situation.
6. What are the inadmissibility cases?
Generally speaking, the main circumstances under which trademark registration applications are not accepted include (but are not limited to) the following:
The application documents lack the copy of the application form, the trademark drawing and the applicant's identity certificate.
An application made on paper, not typed or printed.
Failing to use the correct form of application as required; Modifying the form of the application without authorization.
The name of the product/service item is not filled in the application.
The application form is not in Chinese; The various certificates, certification documents and evidentiary materials submitted are in foreign languages, without attached Chinese translation documents and stamped with the official seal of the applicant, the agency or the translation company.
Failing to fill in the applicant's name or address in the application form.
The name of the applicant on the application, the seal or signature, and the copy of the attached identification document are inconsistent.
Failing to print or paste the trademark pattern in the drawing frame of the application, or printing or pasting the trademark pattern beyond the specified size range.
A declaration that two or more applicants jointly apply for the registration of the same trademark and fail to submit at the same time an attached sheet filled with the name of the joint applicant and sealed or signed by the applicant.
Where the applicant is a domestic natural person, the applicant has not submitted the application documents in accordance with the provisions of Article 4 of the Trademark Law.
Failing to pay fees to the Trademark Office.
Where the Trademark Office notifies the applicant to make corrections, but the applicant fails to make corrections within the time limit or fails to make corrections as required.
7. How to check whether a trademark can be registered? -- That is, prior inquiry
"China Trademark Network" provides free trademark search information, you can log in "China trademark network" click on the "trademark search" column to conduct approximate trademark search. There are six kinds of query methods: Chinese characters, Pinyin, English, numbers, prefix, graphics. The Trademark Examination and Hearing Guide has also been published on the "China Trademark Network".
8. How can I inquire about the registration of a trademark? -- That is, post query
"China Trademark Website" provides free trademark search information. You can log in "China Trademark Website" and click on the "Trademark search" column to check the trademark status by application/registration number. It is also possible to conduct comprehensive trademark enquiries by the category of declaration, application/registration number, applicant name, etc.
9. What is a priority document application? What is the process and time?
Where an applicant applies for the registration of the same trademark in other member States of the Paris Convention for the Protection of Industrial Property within 6 months after filing an application for trademark registration in China and claims the right of priority, the applicant shall apply to the Trademark Office for the issuance of a certificate of priority. The applicant shall submit the Application for the issuance of priority Certification Documents, a copy of the applicant's identity document, a copy of the identity document of the manager shall be submitted directly to the agent, and a trademark agency shall submit the Power of attorney for Trademark agency. Where the formalities are complete, the application documents are filled out in accordance with the provisions and the fees are paid, and the application meets the provisions, the Trademark Office shall issue the applicant a "Certificate of Priority".
If the application for trademark registration has not been accepted, the Trademark Office will issue the document of priority after the application for trademark registration has been accepted. If the application for trademark registration is not accepted after examination, the Trademark Office shall not issue the right of priority certificate.
10. What should I do if the trademark information displayed on China Trademark Online is incorrect?
Log in China Trademark website, click the "trademark query" column, enter the "error information feedback" interface. The applicant can give feedback to the Trademark Office on the error information here.
11. Do I need to re-register after classification adjustment?
The exclusive right to use a registered trademark shall be limited to trademarks approved for registration and goods (services) approved for use. The applicant shall judge whether it is necessary to re-register according to whether the goods (services) items specified in the trademark registration certificate are consistent with the goods (services) that need to be protected by the exclusive right to use the trademark. Where a registered trademark requires the exclusive right to use the trademark on goods outside the scope of approved use, a separate application for registration shall be filed.
12. Having obtained the registration certificate, the goods produced now are somewhat different from those on the registration certificate, will they be protected?
The exclusive right to use a registered trademark shall be limited to the trademark whose registration has been approved and to the goods whose use has been approved. Where a registered trademark requires the exclusive right to use the trademark on goods outside the scope of approved use, a separate application for registration shall be filed.
13. The trademark used now is not exactly the same as the registration certificate, do I need to register it again?
The exclusive right to use a registered trademark shall be limited to the trademark whose registration has been approved and to the goods whose use has been approved. Where the mark of a registered trademark needs to be changed, a new application for registration shall be filed.
14. After submitting the online application, do I need to submit a paper copy?
To submit an online application for trademark registration, the applicant does not need to submit paper documents, but if the applicant requests the right of priority and claims the right of priority documents, the applicant shall submit paper proof of priority documents to the Trademark Office as required. The Trademark Office is vigorously promoting the construction of online application system, please read the trademark online application guide carefully, and in accordance with the relevant requirements.
15. Requirements for trademark agencies to file trademark applications
See "China Trademark Network > Trademark Agency > Business Guide > Precautions for Filing Trademark Applications".
The above content was released in January 2022, and if there are changes in the future according to relevant laws, regulations and regulatory documents, the Bureau will update the relevant content at any time.
