Requirements for trademark application documents
Trademark application documents include registration, renewal, transfer, change, re-issuance, cancellation and cancellation of improper use or registration of improper trademarks. All types of applications have common basic requirements and different specific requirements.
1. The trademark application form is filled out with a pen or a brush, and the typewriter is recommended to print; the writing must conform to the standard, and the writing should be neat and clear.
2. The trademark drawings provided with the application must be clear and easy to be attached. Use clean and durable paper or replace it with photos. The length and width are not more than 10 cm and not less than 5 cm. If the direction of the trademark pattern is unclear, use the arrow to indicate the upper and lower parts; Cigarettes, cigars, and logos can be the same size as they are used in actual use.
3. The trademark application form and the power of attorney must be stamped with the applicant's stamp. The name and stamp of the applicant should be identical with the name of the enterprise that is approved for registration; the application and the power of attorney must be stamped with the agent's stamp; Persons should fill in the name and address of the Chinese and English companies in detail; the power of attorney can be signed by the person in charge of the enterprise or the legal representative.
4. Only one category of goods or service items can be filled in a trademark application. The product name or service item should be filled in according to the specific and standardized name listed in the International Classification of Goods and Services for Trademark Registration.
5. The items filled in the application form and the power of attorney shall not be arbitrarily changed; if it is necessary to change, the agent or the applicant's stamp shall be stamped at the place of the change or signed by the modified person.
6. The date of application shall be subject to the date of receipt of the application by the Trademark Office; the application form shall be completed and the application form shall be completed in accordance with the regulations, the application date and application number shall be compiled, and the acceptance notice shall be issued; the application procedures may not be completed or may not be filled in as required. The application form will not be accepted.
The application procedures are basically complete or the application documents are basically in compliance with the regulations. However, if the application needs to be corrected, the Trademark Office shall notify the applicant or the agent to make corrections. The applicant or agent shall, within 15 days from the date of receipt of the notification, press the specified content. After rectification, it shall be returned to the Trademark Office; if it is rectified to the Trademark Office within the time limit, the application date and application number shall be retained; if it is not corrected or the deadline is corrected, it shall be returned and the application date shall not be retained.
7. The application for trademark registration shall be in Chinese; the foreign document shall be accompanied by a Chinese translation.
8. All applications are subject to a fee as required.
Ways to apply for trademark registration
1. Domestic trademark registration applicants can apply for trademark registration through the following two channels:
The trademark registration applicant may entrust the trademark agency to handle the trademark registration application, and the trademark agency shall submit an application for trademark registration to the Trademark Office on its behalf;
A trademark applicant may also go directly to the Trademark Office to apply for trademark registration with a copy of his/her ID card, company introduction letter and business license or a copy of the business license signed by the issuing authority.
2.. Foreigners and foreign enterprises that need to obtain trademark exclusive rights in China may apply to the Trademark Office for trademark registration in accordance with the agreement signed by their country and China or the international treaty they participate in, or on the principle of reciprocity. Foreigners or foreign enterprises must apply for a trademark agency with foreign-related agency rights to handle trademark registration applications and other related matters.
A copy of the "Trademark Registration Application" required for a trademark registration application. If the entrusted trademark agency organization handles it on its behalf, it shall also submit a copy of the "Proxy Power of Attorney".
10 trademark drawings.
Submit a copy of the “Business License” of the enterprise or the “Business License” signed by the issuing authority, and the goods or services submitted for application shall not exceed the business scope of the approved registration.
If a group company or a multinational company wants to register a trademark in the name of the applicant, if its registered Business License indicates that the business scope includes the business scope of its subsidiary or branch, it may provide a copy of the Business License of the subsidiary company. .
The State stipulates that applications for the registration of trademarks for persons using pharmaceuticals and tobacco products, as well as some special industries or special commodities, must also be submitted to the following files:
a. Applications for registration of trademarks for human drugs, medical nutrition foods, medical nutritional drinks and baby foods shall be attached to the certification documents issued by the health administrative department, namely the Pharmaceutical Production License or the Pharmaceutical Business License; A pharmaceutical production and operation enterprise that has obtained the above two certificates shall, with the consent of the health administrative department, establish an approved file for the establishment or operation of a pharmaceutical production enterprise, or apply for a trademark registration; for the application for registration of a human disinfectant trademark, it shall be accompanied by a certificate from the health and epidemic prevention department. When applying for a foreign applicant, it must also submit the corresponding certification file issued by the health administrative department of the country where it is located.
b. Submit a trademark registration application for cigarettes, cigars and packaged tobacco. A certificate file approved by the State Tobacco Administration for production shall be attached.
c. Where the names of newspapers and magazines are registered as trademarks, they shall be submitted to the newspaper registration certificate issued by the Press and Publication Administration for the national unified issue.
If you apply directly to the Trademark Office for trademark registration, you should also submit:
a. A copy of the ID card of the manager.
b. Corporate introduction letter.
c. A copy of the "Business License" of the enterprise, and a copy of the "Business License" or a copy of the "Business License" submitted by the issuing authority.
For the application for registration of collective marks and certification marks, the applicant's main body qualification certificate and trademark use management rules for collective marks and certification marks shall also be submitted.
To apply for the registration of a certification mark, you should also submit a certificate issued by the relevant competent authority stating the applicant's production of the goods or the specific quality of the service and the testing and supervision capabilities it has.
The so-called subject qualification certificate refers to the industrial and commercial organizations that are legally registered and have legal person qualifications, that is, the certification files of enterprises, institutions, associations and other organizations with legal person qualifications.
The competent authority refers to the central or provincial business authority. Foreign applicants should also submit the subject qualification certificate and the corresponding competent department's certificate file, and a Chinese translation is attached.
The rules governing the use of collective marks shall include the purpose, membership, conditions, procedures, quality of goods or services of the collective mark. And the rights and obligations of the class members and the responsibilities of the violation of the rules; the rules governing the use of the certification marks, including the purpose, conditions, formalities, and commercial portraits of the certification marks, as the trademark application for registration, must provide the power of attorney of the portrait owner and Notarized by a notary public.
If a foreign applicant requests priority, the initial application country, the initial application date and the application number shall be filled in the application form, and the priority certification file shall be submitted to the Trademark Office within three months. The certificate file shall not be submitted within the time limit, and the priority request is invalid. .
Applicants for trademark registration shall fill in the product name and service items in a specific and standardized manner in accordance with the International Classification of Goods or Services for the Purposes of Registration of Trademarks, and shall also fill in the use of the goods and the main raw materials. The specific qualities and characteristics of the goods or services, as well as the rights and obligations to use the certification mark and the liability for breach of the rules.
1. The trademark application form is filled out with a pen or a brush, and the typewriter is recommended to print; the writing must conform to the standard, and the writing should be neat and clear.
2. The trademark drawings provided with the application must be clear and easy to be attached. Use clean and durable paper or replace it with photos. The length and width are not more than 10 cm and not less than 5 cm. If the direction of the trademark pattern is unclear, use the arrow to indicate the upper and lower parts; Cigarettes, cigars, and logos can be the same size as they are used in actual use.
3. The trademark application form and the power of attorney must be stamped with the applicant's stamp. The name and stamp of the applicant should be identical with the name of the enterprise that is approved for registration; the application and the power of attorney must be stamped with the agent's stamp; Persons should fill in the name and address of the Chinese and English companies in detail; the power of attorney can be signed by the person in charge of the enterprise or the legal representative.
4. Only one category of goods or service items can be filled in a trademark application. The product name or service item should be filled in according to the specific and standardized name listed in the International Classification of Goods and Services for Trademark Registration.
5. The items filled in the application form and the power of attorney shall not be arbitrarily changed; if it is necessary to change, the agent or the applicant's stamp shall be stamped at the place of the change or signed by the modified person.
6. The date of application shall be subject to the date of receipt of the application by the Trademark Office; the application form shall be completed and the application form shall be completed in accordance with the regulations, the application date and application number shall be compiled, and the acceptance notice shall be issued; the application procedures may not be completed or may not be filled in as required. The application form will not be accepted.
The application procedures are basically complete or the application documents are basically in compliance with the regulations. However, if the application needs to be corrected, the Trademark Office shall notify the applicant or the agent to make corrections. The applicant or agent shall, within 15 days from the date of receipt of the notification, press the specified content. After rectification, it shall be returned to the Trademark Office; if it is rectified to the Trademark Office within the time limit, the application date and application number shall be retained; if it is not corrected or the deadline is corrected, it shall be returned and the application date shall not be retained.
7. The application for trademark registration shall be in Chinese; the foreign document shall be accompanied by a Chinese translation.
8. All applications are subject to a fee as required.
Ways to apply for trademark registration
1. Domestic trademark registration applicants can apply for trademark registration through the following two channels:
The trademark registration applicant may entrust the trademark agency to handle the trademark registration application, and the trademark agency shall submit an application for trademark registration to the Trademark Office on its behalf;
A trademark applicant may also go directly to the Trademark Office to apply for trademark registration with a copy of his/her ID card, company introduction letter and business license or a copy of the business license signed by the issuing authority.
2.. Foreigners and foreign enterprises that need to obtain trademark exclusive rights in China may apply to the Trademark Office for trademark registration in accordance with the agreement signed by their country and China or the international treaty they participate in, or on the principle of reciprocity. Foreigners or foreign enterprises must apply for a trademark agency with foreign-related agency rights to handle trademark registration applications and other related matters.
A copy of the "Trademark Registration Application" required for a trademark registration application. If the entrusted trademark agency organization handles it on its behalf, it shall also submit a copy of the "Proxy Power of Attorney".
10 trademark drawings.
Submit a copy of the “Business License” of the enterprise or the “Business License” signed by the issuing authority, and the goods or services submitted for application shall not exceed the business scope of the approved registration.
If a group company or a multinational company wants to register a trademark in the name of the applicant, if its registered Business License indicates that the business scope includes the business scope of its subsidiary or branch, it may provide a copy of the Business License of the subsidiary company. .
The State stipulates that applications for the registration of trademarks for persons using pharmaceuticals and tobacco products, as well as some special industries or special commodities, must also be submitted to the following files:
a. Applications for registration of trademarks for human drugs, medical nutrition foods, medical nutritional drinks and baby foods shall be attached to the certification documents issued by the health administrative department, namely the Pharmaceutical Production License or the Pharmaceutical Business License; A pharmaceutical production and operation enterprise that has obtained the above two certificates shall, with the consent of the health administrative department, establish an approved file for the establishment or operation of a pharmaceutical production enterprise, or apply for a trademark registration; for the application for registration of a human disinfectant trademark, it shall be accompanied by a certificate from the health and epidemic prevention department. When applying for a foreign applicant, it must also submit the corresponding certification file issued by the health administrative department of the country where it is located.
b. Submit a trademark registration application for cigarettes, cigars and packaged tobacco. A certificate file approved by the State Tobacco Administration for production shall be attached.
c. Where the names of newspapers and magazines are registered as trademarks, they shall be submitted to the newspaper registration certificate issued by the Press and Publication Administration for the national unified issue.
If you apply directly to the Trademark Office for trademark registration, you should also submit:
a. A copy of the ID card of the manager.
b. Corporate introduction letter.
c. A copy of the "Business License" of the enterprise, and a copy of the "Business License" or a copy of the "Business License" submitted by the issuing authority.
For the application for registration of collective marks and certification marks, the applicant's main body qualification certificate and trademark use management rules for collective marks and certification marks shall also be submitted.
To apply for the registration of a certification mark, you should also submit a certificate issued by the relevant competent authority stating the applicant's production of the goods or the specific quality of the service and the testing and supervision capabilities it has.
The so-called subject qualification certificate refers to the industrial and commercial organizations that are legally registered and have legal person qualifications, that is, the certification files of enterprises, institutions, associations and other organizations with legal person qualifications.
The competent authority refers to the central or provincial business authority. Foreign applicants should also submit the subject qualification certificate and the corresponding competent department's certificate file, and a Chinese translation is attached.
The rules governing the use of collective marks shall include the purpose, membership, conditions, procedures, quality of goods or services of the collective mark. And the rights and obligations of the class members and the responsibilities of the violation of the rules; the rules governing the use of the certification marks, including the purpose, conditions, formalities, and commercial portraits of the certification marks, as the trademark application for registration, must provide the power of attorney of the portrait owner and Notarized by a notary public.
If a foreign applicant requests priority, the initial application country, the initial application date and the application number shall be filled in the application form, and the priority certification file shall be submitted to the Trademark Office within three months. The certificate file shall not be submitted within the time limit, and the priority request is invalid. .
Applicants for trademark registration shall fill in the product name and service items in a specific and standardized manner in accordance with the International Classification of Goods or Services for the Purposes of Registration of Trademarks, and shall also fill in the use of the goods and the main raw materials. The specific qualities and characteristics of the goods or services, as well as the rights and obligations to use the certification mark and the liability for breach of the rules.
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