The trademark registration seems relatively simple, but it is not easy to actually apply for it. If you do not understand the common problems of trademark registration, maybe one year has passed, and your trademark application is still far away. Now I summarize the common problems of trademark registration as follows, hoping to help you
1、 What is a trademark? Benefits of applying for trademark registration? Why register the trademark in time?
What is a trademark? A trademark (English TradMark) refers to a visual sign composed of words, graphics, letters, numbers, three-dimensional signs and color combinations, as well as the combination of the above elements, which is used by producers and operators to distinguish their own goods or services from others' goods or services.
Benefits of applying for trademark registration?
(1) Build brand effect:
A trademark is a brand, which distinguishes the origin of goods or services, guides consumers' habit of brand recognition and consumption, and improves their commercial influence.
(2) For brand protection:
Avoid trademarks that have been designed or advertised in advance
Others preempt the registration, protect the company's intangible assets, prevent malicious competition in the industry, prevent infringement by enterprises of the same category, avoid unintentional infringement, and pay huge compensation.
(3) Necessary qualifications for enterprise publicity:
Qualification requirements for enterprises to expand online marketing publicity and consumer markets to enter e-commerce platforms (such as supermarkets, Tmall, JD and other e-commerce platforms)
(4) Intangible assets of enterprises:
It has the exclusive right to use trademarks and is protected by law. It can be used as intangible assets for pledge loans. Select one
The registration of a trademark with novel ideas is equivalent to buying a stock that will appreciate forever, which has very high economic benefits. Trademark pledge loan is a bottom card for many enterprises when they face insufficient working capital or other capital difficulties,
And trademark pledge can win more working capital for enterprises.
Why register the trademark in time?
Trademark registration implements the principle of application first, and the establishment of the application date is crucial to the success of trademark registration. If others apply one day earlier, your creativity or early investment in the brand will be wasted. After you register the trademark, you have the exclusive right to use the trademark. It is protected by law, and others cannot imitate it. Otherwise, you can sue for infringement and obtain economic compensation. On the contrary, if others preempt the registration, they will inevitably lose the brand market they have worked hard for many years, and they may also become infringers.
2、 Trademark registration process, time, cost, required materials, trademark registration application method?
Trademark registration process: trademark inquiry (non mandatory procedure) → preparation of application materials → submission of trademark registration application → issuance of acceptance notice → substantive examination → preliminary review announcement → registration announcement → issuance of trademark registration certificate.
Time of trademark registration: the Trademark Office will issue the acceptance notice about 3 months; The Trademark Office shall complete the preliminary examination within 9 months from the date of receiving the registration application; The announcement period of the preliminary examination of trademark registration is three months; It takes about 13 months to complete the trademark registration.
Trademark registration fee: the trademark registration fee stipulated by the Trademark Office is 300 yuan (limited to 10 commodities of this category. For more than 10 commodities, each commodity will be charged an additional 60 yuan)
Trademark registration materials: enterprises and individuals need to provide different application materials to apply for trademark registration. Enterprises need to provide: copy of business license and clear trademark logo; Individual registered trademark shall provide: copy of ID card, copy of business license of individual business and clear trademark logo.
Trademark registration application: There are two ways to submit a trademark registration application: one is to submit it to the Trademark Office by the applicant himself; One is represented by Company Treasure, which can query trademarks free of charge, guide trademark registration categories, judge registration success rate, assist in preparing materials, file applications, and connect registration information with the Trademark Office in real time.
3、 Can individuals (natural persons) apply for trademark registration?
Can individuals (natural persons) apply for trademark registration? Chinese individuals (natural persons) can apply for trademark registration, but there are restrictions. From February 12, 2007, the Trademark Office restricted individuals from applying for trademarks. If applying for trademarks in the name of individuals (natural persons), a copy of the license of individual businesses must be provided. The business scope must be consistent with the goods for which the trademark is applied. The business scope of the license cannot be exceeded. If the business scope of the license is exceeded, the Trademark Office will not accept it. Materials required for an individual (natural person) to apply for trademark registration: 1. Scanning copy of ID card 2. Scanning copy of individual license 3. Trademark sample
Note: There are no restrictions on the types of trademarks applied for in the name of the company.
4、 Can I apply for trademark registration by myself or must I find an agency? Is it 100% successful to find an agent to apply for a trademark?
Do you apply for trademark registration yourself or find an agency? Enterprises/individuals who have applied for trademark registration can apply for registration at the Trademark Office on their own, and it is not necessary to find an agency. Since the trademark application is professional and takes a long time, it is recommended to find a trademark agency for trademark agency. The trademark agent can make professional judgments based on your current situation, relevant laws and regulations and your own experience.
Is it 100% successful to find an agent to apply for a trademark? Finding an agent to apply for a trademark cannot guarantee 100% application. There are two risks in trademark registration: first, there is a 4-6 month blind period for trademark registration, during which the registered trademark has not been entered into the microcomputer system by the National Trademark Office, and no one can query it. Therefore, whether anyone has registered the same similar trademark during this period cannot be determined, and this risk cannot be avoided; Second, the trademark registration is reviewed by the trademark office examiner. There will be more or less personal subjective factors in the review process, and we can't control it. This risk is also unavoidable.
5、 Trademark inquiry is not a necessary procedure for trademark registration, so is trademark inquiry necessary?
Trademark inquiry refers to the procedure that a trademark registration applicant personally or entrusts a trademark agent to inquire about the registration of a trademark in the trademark registration office, so as to know whether the trademark he intends to apply for registration is the same or similar to the trademark already registered or being registered by others. After trademark inquiry, if there is a similar trademark, you don't need to register it again, so you can save money, because the Trademark Office will collect money for a trademark, no matter whether it is successfully registered or not, as long as you submit an application. Now you find that the trademark can't be registered after inquiry, so if you don't register it, you will save money. If the trademark applicant makes an inquiry before applying, the inquiry report will clearly state whether the trademark lacks distinctiveness or has other conflicts with the laws and regulations of the country. If yes, how to make up for it. In addition, according to the query results, the trademark agent will also inform whether there is an earlier trademark that is the same or similar to the queried trademark, as well as the details of the earlier trademark, such as the earlier trademark owner, trademark pattern, designated protected goods, trademark status, etc. At the same time, solutions to relevant problems will be given according to the causes of the conflict.
