商标注册程序之注册准备（Registration preparation for trademark registration procedures）

商标注册程序之注册准备（Registration preparation for trademark registration procedures） 商标注册程序之注册准备(Registration preparation for trademark registration procedures) Registration preparation for trademark registration procedures First, the way to apply for trademark registration The applicant may entrust to the State Administration for Industry and Commerce approval of the trademark agency qualification of the organization agent, also can go to the National Trademark Office trademark registration hall directly handle. At present, there are nearly 150 trademark agencies authorized by the state, which are distributed in all provinces, autonomous regions and municipalities directly under the central government. A registered trademark is entrusted by an organization that has the trademark agency qualification, or directly goes to the Trademark Office, and the applicant shall decide according to his own specific circumstances. If the applicant is familiar with the trademark laws and regulations and related procedures, regular residence or place of business of the postal service in good condition, can be directly to the Trademark Bureau; if you do not have the above conditions, the best is to entrust a trademark agency agency; no habitual residence or business places in the Chinese foreigner or foreign enterprise shall entrust a trademark application for trademark registration Chinese the organization to handle. In the process of examining the trademark application, the trademark office often sends various documents to the applicant, such as the correction notice and the rejection notice. Most of these documents require the applicant to make some modifications and replies to the original application. These documents usually mail through the post office, in view of the fact that in some areas of China postal channels are not very clear, and some of the applicant's address changes, the Trademark Office issued the document of the applicant does not receive the phenomenon occurred frequently, affecting the process of trademark registration. Examination editor Trademark agent trademark agency in familiar with the laws and regulations on trademark, trademark business more proficient, can more accurately understand the intention and the Trademark Bureau commissioned, to assist the parties issued by the Trademark Office for modified files to make accurate modifications to the application for trademark registration review smoothly. Two, trademark re registration right inquiry work Trademark inquiry refers to whether the trademark registered applicant or his agent has the same or similar inquiry on whether the trademark applied by him or her has the same or similar query before filing the registration application. It is worth noting that although trademark inquiry is not a necessary procedure for registered trademarks (following the principle of voluntary inquiry), this work can greatly reduce the risk of trademark registration and improve the grasp of trademark registration. In the query process, it will be affected by the data processing and trademark application review period and other reasons, so that part of the previous application of the trademark can not enter the database, so it can not query and retrieve the part of the information. Another trademark search and review undertaken by different researchers, and query staff with different review staff review opinions may appear on the different views, so the trademark query results can not serve as a legal basis, does not have legal effect. Therefore, before registering a trademark, it is necessary to find a trademark inquiry company or a trademark agency with perfect conditions for trademark inquiry. Three, trademark registration application books and fill in To apply for trademark registration, the application form must be used in the unified format formulated and promulgated by the State Administration for Industry and commerce. The application can be obtained from the registration hall of the trademark office. Can also be downloaded in this network. Entrusted trademark agency organization shall be provided by the agent organization. The following documents must be submitted to the Trademark Office for the application for trademark registration: 1, "trademark registration application" one, the application should be stamped with the applicant's seal. If the applicant is a natural person, he shall sign the application. Applications and other relevant documents should be printed or printed. 2. Copies of valid documents which can prove the applicant's status (qualification), and present the originals. The applicant should submit different documents, such as the applicant enterprise shall submit the business license to the trademark office or business license; social organizations, institutions and other organizations shall submit the corporate registration certificate or certificate of legal career; the applicant is a natural person, shall submit a photocopy of my identity card. The person who handles the application for this unit shall also submit a copy of his identity card. The applicant's name and address should be consistent with the certificate. 3, each trademark registration application shall submit five copies of the trademark design (color trademark, specify the color of the colored pattern shall send five copies with a black-and-white copy), and paste it in the specified location application for a trademark pattern. Trademark drawings should be clear, black and white contrast obvious, trademark specifications should be 5 to 5 cm to 10 x 10 cm between. When applying for trademark registration of cigarettes or cigars, the trademark drawings submitted can be the same size as the object. Examination editor 4. Paying the trademark registration application fee according to the regulations. (trademark registration fee: 1000 yuan) 5, the completion of commodity name and service items is a very important item in the application for trademark registration, which relates to the scope of protection of the exclusive right to apply for trademarks. According to the provisions of the "Regulations" article thirteenth, article fifteen of the implementation of the trademark law, trademark registration shall be in accordance with the classification of goods and services released by such applications, goods or services shall be completed in accordance with the classification of goods and services. If the commodity name or service item is not included in the classification table, it shall be accompanied by a description of the commodity or service. At present, our country is used to use common in most countries of the world "trademark registration using the international classification of goods and services" (Kniss), since January 1, 2002 by the eighth edition. At the same time, the Trademark Office has drawn up a list of similar goods and services according to the above-mentioned classification table. The applicant may fill in the commodity or service item according to the above classification form and the discrimination table. If the commodity name or service item is not included in the classification table, it shall be accompanied by a description of the goods or services. The goods / services filled in each application can only be limited to one category. 6. If a trademark agency is entrusted to apply for trademark registration, it shall also submit a proxy letter of attorney. The letter of attorney shall specify the content and authority of the agent. Examination editor Four. Application of several special types of trademarks To apply for general trademark registration on general commodities or services, the above-mentioned books are submitted and the application forms are filled according to the provisions, that is, the application procedures are basically complete. If there are special requirements for the registration of certain special types of trademarks, the following books shall be submitted separately according to different circumstances. 1. When applying for the registration of a collective trademark or a certification trademark, it shall be declared in the application and subject to the qualification certificate of the subject and the rules for the administration of the use of the trademark. The applicant for collective trademark should be a group, an association or other organization, rather than a regular producer or operator. To apply for trademark registration or certificate as a collective trademark registration application to the geographical indications, should also attach detailed materials, professional and technical personnel, with the registered capital of detection equipment, etc., to show its ability of identifying the specific quality of the certification mark or geographical indications prove or a marker of the commodity. 2, the application of trademark registration with three dimensional logo (stereoscopic trademark) should be declared in the application, and sent to determine the three-dimensional shape of the drawings, that is, to provide the overall effect of the logo map. The number of pictures in the pattern can be determined according to the shape of the stereoscopic mark. It can be a front of the solid shape or a number of sides of the solid shape, but it should be made in a sheet of 10 * 10 centimeters, no matter how many sides are included. 3. When applying for trademark registration with the combination of colors, a declaration shall be made in the application, and the color drawings shall be sent at the same time, and the wording of the application shall be explained in writing. Examination editor 4, in order to apply for registration of portrait as trademark, it is necessary to submit the statement that the applicant agrees to apply for the registration of this portrait as a trademark, and is notarized by the notary public.