What are the procedures and conditions for trademark registration

The trademark can enjoy the exclusive right of trademark only after it is registered. The unregistered trademark has no exclusive right of trademark, so the trademark registration is a very important process. Once the trademark user gets the trademark registration, it means that it has obtained the exclusive right of the trademark and is protected by law.

What are the requirements for trademark registration?

Conditions for the composition of a registered trademark: it shall have the legal elements. Any visible signs that can distinguish the goods of natural persons, legal persons or other organizations from the goods of others, including words, graphics, letters, numbers, three-dimensional signs and color combinations, as well as combinations of the above elements, can be applied for registration as trademarks; A trademark shall have distinctive features. They shall not infringe upon the prior rights or legitimate interests of others. The provisions of the Trademark Law prohibiting the registration or use of certain marks shall not be violated.

Before trademark registration, we should first inquire about the trademark. Trademark inquiry refers to the inquiry of whether the trademark applied for by the trademark registration applicant or its agent is the same or similar to the prior right trademark before filing the registration application.

According to the general process of trademark registration, it can be divided into trademark inquiry, application document preparation, application submission

Payment

The nine steps of related fees, trademark examination, issuance of notice, trademark substantive examination, announcement and issuance of certificate can be seen that there are many steps of trademark registration, and the time from the application of trademark to the passing of examination period is relatively long.

Let's take a look at the requirements and contents of trademark examination, which is divided into formal examination and substantive examination.

Formal review:

The trademark form examination (3-4 months) is very important to establish the application date. Since China's trademark registration adopts the principle of application first, once the application date occurs, it has become the legal basis for determining the trademark right. The application date of trademark registration is subject to the date when the Trademark Office receives the application. The Trademark Office receives the trademark application and issues the acceptance notice for the application that meets the form requirements.

Substantive examination:

Trademark substantive examination is a series of activities conducted by the trademark registration authority to check whether the trademark registration application conforms to the provisions of the Trademark Law, retrieve data, analyze and compare, investigate and study, and decide to give preliminary approval or reject the application.

After this series of steps, the trademark registrant can finally obtain the registered trademark certificate, which means that he has the trademark exclusive right and can carry out various enterprise activities such as trademark publicity and marketing, while others cannot obtain the relevant trademark rights and interests.