How to register trademarks
1. Brief Description: Natural person, legal person, or other organizations, who need to get the trademark exclusive right of their productions or services, should apply to register trademarks in The State Administration for Industry and Commerce according to the relevant laws. There are total 45 classifications of trademarks, 34 goods trademarks and 11 service trademarks. Those used on the goods are goods trademarks and used on services are service trademarks.
2. The way of registration: there are two ways of registering trademarks.
A. To authorize any trademark agency who files in The State Administration for Industry and Commerce to register trademarks
B. The applicant goes to The State Administration for Industry and Commerce to register trademarks.
3. The procedures of registration:
A. Applicants, who authorize trademark agency to register trademarks, can choose any one of trademark agencies filing in The State Administration for Industry and Commerce . All of the filing trademark agencies are published in the Agency Section.
B. Applicants, who goes to The State Administration for Industry and Commerce to register trademarks, can do as the following procedures. Searching before application(non-essential) → Preparing application documents → Submitting application documents at registration hall → Confirming the submission → Making payment → Getting receipt
After getting the receipt, the application is completed. The State Administration for Industry and Commerce will send all necessary documents by post, and applicants can get the acceptance notice of trademark application in around three months. Applicants can regard the flow chart of trademark registration as references, and go to receive the Trademark Registration Certificate at the Registration Hall after receiving the notice.
4. Searching before application(Non-essential)
Till now, it takes one and half a year from application to approval of registration. Once the application is rejected, one one hand, there ' s the loss of registration fees and on the other hands, it takes another one and half a year to apply for registration. What ' s more, it ' s unknown whether this re-application can be approved or not. So applicants should search the trademarks before applications, and understand prior rights, and make decisions according to the searching results.
5. Preparing the documents of trademark application.
A. Those who apply to register in name of legal person or other organizations, should prepare the following documents:a. Application form with official seal
b. Six pieces of trademark patterns(1 attached on the back of application form, 5 submitted). The trademark patterns must be clear and both the length and width should be in the size of 5-10cm. If there are specified colors of the patterns, one patterns with specified colors should be attached on the application form, 5 others for submission and one black-and-white pattern should also submitted.
c. Submitting original(will be refunded) and copy of the subject qualification certificate(business license etc.) or the copy of subject qualification certificate with applicants ' signature at the registration hall. Those who register trademarks authoring any agency, should submit the copy of subject qualification certificate of the applicants.
d. Those who register at the registration hall, submit original and copy of ID(original will be refunded). Those who register by authoring any agency, submit the Trademark Proxy.
e. If the trademark is a portrait,the applicant should also submit a notarized declaration that the owner of the portrait agreeing that the portrait can be used as trademark.
B. Those who want to register trademarks in name of natural person, should submit the following documents.
A. Application form with applicants ' signature
B. Six pieces of trademark patterns(1 attached on the back of application form, 5 submitted). The trademark patterns must be clear and both the length and width should be in the size of 5-10cm. If there are specified colors of the patterns, one patterns with specified colors should be attached on the application form, 5 others for submission and one black-and-white pattern should also submitted.
C. If registering at the registration hall, the natural person should submit copy of ID, and the responsible person should show the original of ID and submit the copy one. Those who register trademarks by authoring any agency, should submit Trademark Proxy and the copy of applicants ' ID.
D. Natural person who register trademarks, should pay attention to the followings:
A. Individual businessmen can register trademarks with the name registered on Individual Business License or with the name of the responsible person registered on the license.
When registering trademarks with the name of the responsible person, the following copies of documents should be submitted:
ID of the responsible person
B. The leaseholding farm household can register trademarks in the name of party to a contract and submit copies of the following documents:
ID of the party to a contract
C. Other natural person who is allowed to engage in business, can register trademarks in name of operator in the documents issued by the administrative authority, and should submit the copies of the following documents.
ID of the operator
Registration documents issued by administrative authority
D. The range the natural person wants to register trademarks for, should be in accordance to the range approved by the relevant registration documents or with the limitation of self-supporting agricultural and sideline products.
E. Those applications that violate the fourth item of Trademark Law, will not be accepted or heard. And the trademarks which are got by submitting false documents, will be withdrew.
E. If the trademark is a portrait,the applicant should also submit a notarized declaration that the owner of the portrait agreeing that the portrait can be used as trademark.
C. Requirements of filing application form
A. According to the fifteenth item of Implementation of Trademark Law, the relevant documents of trademark registration, should be typewritten or printed, and for the handwritten application form, it won ' t be accepted.
B. The name, address of applicant should be filed in accordance with those on the subject qualification certificate. And if there are no address of province, city, county on the subject qualification certificate, applicant should add them on the application on the application form. The official seal should be in accordance to the name of enterprise registered on the subject qualification certificate.
C. Items of goods and services should be filed in accordance to The Classification of Goods and Services or The Distinction Table of Similar Goods and Services. Each application form is for only one classification of goods or services. The items of goods or services which are not in the classifications, should be attached a specifications of the goods or services.
D. When applicant is natural person, ID number should also be filed except for the name. And the address of applicant can be actual address or the mailing address.
E. If the trademark is not collective or certification one, the Ordinary should be marked; if it ' s three-dimensional trademark, the Three-dimensional should be marked; if it ' s color mark, the Color should be marked.
F. The application form should be carefully reviewed before being submitted, and cant be corrected after being submitted. And if it need correcting, Application of Correcting Trademark/Application Affairs and RMB 500 should be submitted, but the applicant, classification of goods or services and the patterns cant be corrected.
6. Fees of trademark registration
Fee for each one trademark is RMB￥1000 within the limitation of 10 items in the same classifications of goods or services. Item which is over 10 limitations, is charged RMB￥100 for each one.