The Difference Between Trade Mark And Service Mark Of Xingtai Trademark Registration

First, handling basis and brief explanation.

According to the fourth provision of the trademark law and the thirteenth provision of the trademark law, the natural person, legal person or other organization shall obtain the trademark exclusive right for its goods or services in the production and operation activities, and shall apply to the Trademark Office for trademark registration.

There are 45 international classifications of goods and services for trademark registration, of which 34 are commodities and 11 are services.

The trade mark is designated as a trade mark, and the trademark used for service shall be specified.

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Two, handling channels

There are two ways to apply for registration of trade marks or service marks:

(1) entrust a trademark agency to file a record with the trademark office.

(two) the applicant directly goes to the trademark hall.

Three, handling process

(1) if a trademark agency is entrusted to handle the matter, the applicant may voluntarily select any trademark agency that is registered for the trademark office.

All trademark agencies registered in the Trademark Office are published in the "agency" column.

(two) if the applicant goes directly to the trademark hall, the applicant may proceed according to the following steps:

Before application for trademark registration, inquiries (not necessary procedures). Preparation of application documents. Submit application forms at the reception hall of the trade mark hall; confirm application submitted at the code window; pay the registration fee of the trademark at the payment window; collect receipt of the fees.

After receiving the receipt, the applicant has submitted the application for trademark registration.

The Trademark Office will issue various documents to the applicant.

For trademark registration review procedure, please refer to the "trademark registration flow chart". After receiving the notice of receiving the trademark registration certificate, the applicant receives the "trademark registration certificate" in the trademark hall.

Four. Enquiry before application (non necessary procedure)

If the application for trademark registration is rejected, the applicant loses the registration fee on the one hand. On the other hand, it will take time to re apply for the registered trademark, and whether the re application can be approved or registered is still unknown.

Therefore, before applying for a registered trademark, the applicant should better consult the trademark, understand the prior rights, and make an application according to the result of the inquiry.

Five. Application procedures for trademark registration

To apply for trademark registration, the following documents shall be submitted:

(1) application for trademark registration.

1. each application for trademark registration shall submit 1 copies of the application for trademark registration to the trademark office.

2. the application for trademark registration can be presented in paper form or data message format.

In paper form, it should be typed or printed.

In the form of data message, specific requirements are specified in the relevant regulations for online application.

3. if the applicant is a legal person or any other organization, the official seal shall be affixed to the designated place of the application. If the applicant is a natural person, the applicant shall sign and confirm it in the designated place with a pen or a pen.

4. when applicants apply for trademark registration in Taiwan area and claim priority rights in Taiwan area, the application for trademark registration shall be applied to applicants in Taiwan area.

5. the application for trademark registration is specified in the application form attached to the application for trademark registration.

(two) photocopy of applicant's identity document

1. if an applicant is a domestic legal person or any other organization, he shall submit a photocopy of the valid certificate, such as a business license, a legal person registration certificate, a public institution legal person certificate, a social organization legal person certificate, a law firm practice certificate, a medical institution practice license, etc. The certificate of running school license, periodical certificate, and organization code certificate can not be used as the applicant's identity document.

2. if the applicant is a natural person in the country, he shall submit a photocopy of his valid identity card, such as an ID card, passport, household registration certificate, and a copy of the business license of the individual business owner or a copy of the contract for the contracted management of rural land.

3. applicants who are legal persons or other organizations in Hong Kong, Macao, Taiwan or abroad shall submit copies of registration documents of their respective regions or countries.

A photocopy of the registration certificate of a foreign enterprise in China or a permanent representative office shall not be a photocopy of the identity document.

The above documents are written in foreign languages and should be accompanied by Chinese plations.

4. if the applicant is a natural person in Hong Kong, Macao and Taiwan, and should handle it by himself, he should submit a photocopy of the pass. If the applicant is a natural person abroad, he should submit a copy of his passport and a permanent residence permit for foreigners, a residence permit for foreigners, or a residence permit for foreigners, which is issued by the public security department within the validity period of more than one year.

(three) the entrustment of trademark agency shall be submitted to the trademark agency.

1. the letter of attorney for trademark agency shall specify the contents and powers of the agent.

2. if the applicant is a foreigner or a foreign enterprise, the power of attorney shall specify the nationality of the applicant.

3. the notarization and certification procedures for the trademark agency entrustment of foreigners or foreign enterprises and the relevant supporting documents shall be handled in accordance with the principle of reciprocity.

(four) a person who directly handles the case shall submit a copy of the identity document of the person in charge.

(five) trademark pattern

1. each trademark registration application shall submit 1 trademark designs.

Where a trademark is registered with a color combination or a coloured pattern, a coloring pattern shall be submitted, and 1 black and white manuscripts shall be submitted. Black and white drawings shall be submitted without specifying colors.

2. the trade mark must be clear and easy to paste, printed or replaced with a smooth and durable paper. The length and width should not be greater than 10 cm, not less than 5 centimeters.

The trademark pattern should be pasted in the designated place of application for trademark registration.

3. the application for trademark registration with a three-dimensional logo shall be declared in the application form, and the use of the trademark shall be explained in the column "trademark description" of the application for trademark registration.

The applicant shall submit a pattern that can determine the shape of the 3D shape. The trademark shall have at least three views.

4. the application for trademark registration in combination of colors shall be declared in the application form, and a written explanation shall be given in the column "trademark description" of the application for trademark registration to explain the use of color codes and trademarks.

5. the application for a registered trademark with a sound mark shall be declared in the application form, and the sound trademark shall be described in the trademark drawing box, at the same time, the required sound samples should be submitted, and the way of making use of the trademark shall be explained in the column "trademark description" of the trademark registration application.

1. Description of sound trademark.

A voice or notation should be used to describe the application of the trademark as a trademark and to attach a text explanation; it can not be described by a staff or notation, but should be described in words.

2. Voice samples:

(1) the audio files of voice samples should be stored in CD-ROM, and only one audio file should be included in the CD-ROM.

Where a voice registration application is submitted by means of data message, the sound sample should be uploaded correctly according to the requirements.

(2) the audio files of voice samples should be less than 5MB, in the form of wav or MP3.

3. The trademark description should be consistent with the sound sample.

(six) where a priority is sought, a written statement shall be submitted, and a certificate of priority, including the original and the complete Chinese plation, shall be submitted at the same time or within three months from the date of application.

Failure to make a written declaration or application / exhibition of country / region, application / exhibition date and application number column is incomplete.

If the overdue or incomplete submission of the priority document is not sufficient to prove that it has the right of priority, the priority right is invalid.

(seven) the application for registration of a portrait of another person as a trademark shall be explained and the authorization of the portrait person shall be attached.

The power of attorney shall include portrait portrait as a trademark application.

A natural person, legal person or other organization applies the portrait of another person as a trademark for registration. If the portrait is dead, the applicant shall have the right to dispose of the documentary evidence of the portrait, which shall include a portrait portrait of a portrait as a trademark.

A natural person who applies his portrait as a trademark pattern for registration shall give an explanation without authorization.

(eight) all kinds of documents, proof documents and evidence materials submitted by the applicant are foreign languages, and the Chinese plation should be attached.

(nine) in the case of a natural person applying for trademark registration in the mainland of China, in addition to the materials such as the application for trademark registration and the trademark drawing, etc., it shall also pay attention to the relevant requirements in accordance with the notice of the natural person for the application for trademark registration.

According to the fourth article of the Trademark Law of the People's Republic of China, "natural persons, legal persons or other organizations in the production and operation activities need to obtain the exclusive right of trademark for their goods or services, they shall apply to the Trademark Office for trademark registration.

The provisions of this law relating to trade marks shall apply to the application of service marks. In the name of natural persons, registration matters such as trademark registration and pfer shall be applied. Apart from submitting applications such as trademark registration application and trade marks in accordance with relevant provisions, the following matters shall also be noted:

1. the applicant is an individual industrial and commercial owner. He may apply for trademark registration in the name of the applicant in the name of his "business license for individual business" or apply for trademark registration in the name of the person in charge of the registration.

In the name of the person in charge, a copy of the following materials should be submitted:

1. The identity card of the person in charge;

2. Business license.

2. if the applicant is a rural contracted operator, it may apply for trademark registration in the name of the contractor of the contract, and submit copies of the following materials when applying.

Identity card of the signatory

2. Contract.

3. other natural persons who are permitted to engage in business activities in accordance with law may apply for trademark registration in the name of the operators listed in the registration documents issued by the competent administrative authorities.

(1) the identity card of the operator;

(2) registration documents issued by the competent administrative authorities.

4. where the applicant is a contracted rural operator, the scope of the goods and services for which the application for trademark registration should be filed shall be limited to its own agricultural and sideline products. The applicant shall be a natural person who is permitted to engage in business activities other than individual industrial and commercial households or contracted rural households, and shall be restricted by the scope of business approved by the relevant registration documents.

5. the Trademark Office will not accept the application for trademark registration which does not comply with the fourth provision of the trademark law.

(ten) the matters declared and the materials provided for the application for trademark registration shall be true, accurate and complete.

If a registered trademark is obtained by cheating or other improper means, the Trademark Office declares that the registered trademark is invalid. Other units or individuals may request the Trademark Review and Adjudication Board to declare that the registered trademark is invalid.

Six. Payment of registration fees

Please see the relevant instructions for the amount and the way of payment of the registration fee.

Seven. Correction procedure for trademark registration application (non compulsory procedure)

If the application procedures for trademark registration are complete, and the application documents are filled out and paid in accordance with the regulations, the Trademark Office shall accept and notify the applicant in writing. If the application procedures are not complete, the application documents are not filled in or the fees are not paid according to the regulations, the Trademark Office shall not accept the application, and notify the applicant in writing and explain the reasons.

The application procedures are basically complete or the application documents are basically in conformity with the regulations. However, if a correction is needed, the Trademark Office shall notify the applicant to make corrections, and limit them to the Trademark Office within 30 days from the date of receipt of the notification.

If the amendment is returned to the Trademark Office within a specified time limit, the date of application shall be retained. If the amendment is not completed at the expiration of the period or fails to be corrected according to the requirements, the Trademark Office shall not accept it and notify the applicant in writing.

The Trademark Office shall examine the application for trademark registration accepted according to the relevant provisions of the trademark law, and make a preliminary examination and announcement if it meets the requirements for the registration of a trademark which is in conformity with the prescribed or specified commodity. If the registration application does not conform to the requirements of the trademark that does not conform to the regulations or on some designated commodities, it shall dismiss or reject the application for the registration of the trademark on some designated commodities, and notify the applicant in writing and explain the reason.

Nine, matters needing attention

(1) the notice of acceptance of the registration application only indicates that the application for trademark registration has been accepted by the Trademark Office, and does not indicate that the application has been approved.

(two) if the application for trademark registration is rejected, the applicant may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice of rejection if he refuses to accept the rejection decision.

(three) a trademark applied for registration is put forward.

If the applicant (that is, the dissenter) refuses to accept the registration of the Trademark Office, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receipt of the notification.

(four) a trademark is still an unregistered trademark after the application is made, but it has not been approved before registration, and it shall still be used as an unregistered trademark.

If the trademark is used to infringe upon the exclusive right of another person's trademark, it will not affect the investigation and treatment of the act by the relevant industry and commerce administrative organs.

(five) the validity period of a registered trademark is 10 years, counting from the date of approval of registration.

If a registered trademark is to be used at the expiration of its validity, the trademark registrant shall go through the formalities of renewal within 12 months before the expiration of the registered trademark.

If a trademark registrant fails to handle the matter within this period, it may lodge it within the extended period of 6 months after the expiration date, but shall pay the delay fee for the renewal of registration.

If the application for renewal has not been submitted after the expiry of the extended period, the Trademark Office will cancel the registered trademark. If the original registrant wishes to continue to have the exclusive right to use the trademark, he must re apply for registration.

The above contents were revised in March 2016. If there is any change in the future, or if the requirements for reception are not consistent with those in the trade hall, the requirements of the reception staff shall prevail.