When dismissed, what other measures can be taken in addition to refuting the trial?
(1) if the combination of a trademark (Graphic + text) is rejected as a result of a written or graphic part of a previous trademark, the approximate part may be removed for further application for a registered trademark.
(2) if the cause of the cited trademark trademark application was rejected in three consecutive years without the use of the situation, to the Trademark Office of the cited trademark is not used for three years to apply for revocation of registration in order to remove the obstacles to the application for trademark registration achieved.
(3) if a registered trademark of a registered trademark is rejected, the application for a trademark or an application for dispute may be filed to eliminate the registration barrier so that the application trademark is finally registered.
(4) if the cause of the cited trademark trademark application was rejected the existence of transfer, and negotiation with the cited trademark rights for trademark assignment, so that the cited trademark rights belong to the trademark rights under the trademark names, eliminate the conflict.
(5) if the probability of a successful reply is significantly lower (if the same as the trademark was rejected), may consider another application for registration.
How long will it take to dismiss a review?
It will take 1 to 1 and a half years to obtain the results after submitting the application materials.
What evidence should be prepared to reject the review?
The materials needed for the review are generally analyzed by lawyers, and detailed evidence materials are issued to clients after specific cases. The specific evidence should be used to reject the creative source of the trademark, to reject the certificate of honor obtained by the applicant of the trademark, and to reject the evidential material used in the actual use of the trademark.
Business Review dismissed the application for registration of China’s trademark law in order to ensure the quality of trademark examination, safeguard the interests of the applicant for trademark registration, trademark registration application is the Trademark Office of the administrative procedure provided relief preliminary examination after rejected.
The examination of trademark registration, although there are strict procedures and standards, but the specific review of each trademark are by parties to censor a person independently, because of space limitations itself for trademark registration, the applicant may not register the actual circumstances in the application of the comprehensive expression of trademark in trademark. Moreover, different examiners especially some new examiners or temporary auxiliary censors in the professional ability, comprehensive knowledge, understanding and work experience, work attitude etc. there is a significant difference between the cases, the review will inevitably be the subjective and objective aspects of the multiple factors. Even for cases of the same type, different examiners are quite likely to come up with diametrically opposite findings, and the law gives the censor a degree of discretion. In addition, the Trademark Office in the active review process, due to the relevant trademark information may exist incomplete and lag, as well as changes in policy adjustments, and so on, will also affect the examiner’s review results.
Release time: 2013-11-26 17:12:27 article source: trademark registration network
What is the renewal of trademark registration?
Renewal of trademark registration refers to legal procedures registered trademark in order to not registered trademark after the expiration of the exclusive right and lost within the statutory time limit, apply for the extension of the validity of a registered trademark. The object of renewal of trademark registration is a registered trademark, the procedure is relatively simple, as long as the apply for renewal within the statutory period, pay the stipulated fee can obtain a renewal of registration.
Renewal of trademark registration renewal period
The term “renewal of trademark trademark law” include two parts: one is the registered trademark before the expiration of 6 months; two is a registered trademark of the expiration of 6 months after the wide extension. As long as the owner of a registered trademark within the period prescribed by law put forward the request for renewal and pay the prescribed fees, which can extend the registered trademark.
According to the provisions of the “Regulations” article twenty-seventh of the implementation of the trademark law, renewal of registered trademark is valid from the trademark expires on the next day, and not from the date of approval of renewal. Thus, renewal of trademark registration is valid for trademark rights has made the extension. If the registered trademark has spread within the period of apply for renewal is not protected, then once the renewal of success, from the registered trademark expiration to the renewal notice during this period, the exclusive right of trademark do not get effective protection, the validity of the “trademark law” provisions of the registered trademark of the trademark renewal since last expires next calculation lost meaning.
Therefore, the “trademark law” and “Regulations for the implementation of” the purpose of legislation is the registered trademark shall be protected within the grace period of renewal. This is also reflected in the judicial practice. “The provisions on Several Issues Concerning Application of law in civil dispute cases of trademark interpretation” of the fifth Supreme People’s Court: “the trademark registrant or interested party apply for renewal in the registered trademark renewal grace period, without prior approval, the infringement of the exclusive right to use a registered trademark of the lawsuit, the people’s court shall accept.”
Renewal of trademark registration procedures
An application for renewal of trademark registration procedures refers to legal procedures to extend the term of validity of the registered trademark. Renewal of registration, the registered trademark is a registered trademark in order not to lose after the expiration of the exclusive right, can be specified within six months before the expiration, an application for renewal of registration. This does not apply to the legal period, but also to have a grace period of six months. The grace period has yet to apply for renewal, the registered trademark shall be cancelled. Registered trademark expires no longer apply for renewal, within one year from the date of cancellation, the registration of a trademark with the trademark identical or similar application, shall not be approved.
Two, the application for the renewal of the program is simple, as long as the registered person within the period prescribed by law to apply and pay the prescribed fee, you can legally approved renewal of registration. From the complexity of the application procedure and the time required to apply, after examination, preliminary announcement, objection and ruling and a series of procedures and the need to take about a year to apply for trademark registration; renewal of trademark registration procedure is much simpler, shorter time. Application for renewal of trademark registration, each applicant shall in accordance with the relevant provisions of the State Trademark Bureau to send the “application form” and the trademark renewal of trademark registration. Approved by the Trademark Bureau, registration issued a corresponding certificate and make an announcement. If it fails to comply with the relevant provisions of the trademark law, the Trademark Office shall not approve it and reject it.
If it is to entrust a trademark agency to apply for renewal of registration, should also be in accordance with the relevant provisions, submit a power of attorney, renewal of registration shall also pay the relevant fees according to the regulations, an application for renewal in spread period, should also pay a late fee. Renewal of registered trademark is valid from the trademark expires on the next day, the period of validity is 10 years. Renewal of registration is approved after the announcement.
[on Chinese trademarks]
Chinese trademark (including Pinyin) is one of the most common and important trademark types in the word trademark. Chinese is the mother tongue of our country. It is the language that is understood, called and recognized by the majority of the Chinese public. Chinese contains elements of trademark to read and identify the effect of any other text and graphics trademark trademark incomparable, compared with other types of trademark, trademark Chinese more easy to recognize and understand, retrieval and analysis is also more convenient.
Because Chinese is pictographic ideographic and Chinese characters, is a significant part of the trademark, word, form and meaning, sound and form in the trademark plays a major difference and read, but also determine whether the key factors and the use of the trademark registration.
[on English trademarks]
English trademark is one of the most common trademark types in word trademarks. Since English is the most widely used language in the world, it is also the most common and commonly used foreign language in china. A trademark consisting of English (including other words consisting of Latin characters), which is only next to Chinese in its practical application.
In fact, many foreign languages and English, are composed of the Latin alphabet, such as: French, Italian, German, Spanish, Portuguese, Holland etc.. Because English in application in China and a high degree of popularity, China Trademark Office trademark review practice, form and meaning of which contains English and similar Latin words of other countries are all referring to the text English review. Therefore, the term “English trademark” usually does not only refer to English, but also contains many other languages composed of Latin characters.
English belongs to phonography (including the other text). The most striking feature is the use of a small number of letters to form a phonetic relationship to record language. The English letter is only 26, and stroke and simple similar, which changes by combination of the 26 letters of the word toss about in appearance, degree of approximation is very high, but the corresponding different letter combinations and pronunciation pronunciation relations is enough to rely on to express language and text record. Therefore, the differences and the ways of reading, such as word, form, meaning, tone and form of the trademarks, are obviously different from those of Chinese trademarks. This is the biggest difference between English brand and Chinese trademark.
Spend one thousand yuan or so the cost to register a trademark, sold out can be sold to tens of thousands of dollars, even hundreds of thousands of dollars, millions of yuan, the profit space, so many individuals and institutions with investment of trademark.
Because of low threshold operation will be the owner of a registered trademark trademark transaction occupation, trademark agencies and businesses, enterprises and natural persons and other forces are mixed together, forming a chaos arena, staged a number of serious trademark battle. This group of people always pay attention to the policy and public opinion on the spot, and some valuable registered trademark, for days after the transfer price.
It is understood that trademark investors successfully registered trademarks, and some will be directly linked with the registered enterprises, as long as the negotiations between the two sides successfully, we can make a profit. If the other party does not want to pay for the trademark, the trademark investor may accuse the enterprise of infringing its trademark and force it to compromise. Furthermore, is the lawsuit to the court, ask for high compensation fee.
In the eyes of trademark investors, trademarks are their products. However, the pricing of this product, there is no uniform standards in the industry. The whole market is in a state of disorder. “Basically is the trademark owner own pricing, and trademark agents like real estate, asking customers to help out”.
In the interests of the chain, some people rich overnight, some people lose everything, more people are waiting in the wings. The news that the registered trademark was bought by the enterprise is constantly stimulating their nerves and arousing their enthusiasm.
In order to further seize and win the market, some trademark investment companies are more concerned about the market. There is a trademark investment company proposed “let customers win at the starting line” slogan, the implementation of market segmentation strategy. The relevant responsible person told the reporter that they handled the trademark are based on market segments such as clothing design, trademark, the trademark property was divided into intellectual, elegant, witty, occupation number class, then the implementation of precision marketing.
Experts suggest that enterprises should register trademarks at the initial stage, and through the domain name, appearance patents, copyright registration and other legal means to implement comprehensive protection of trademarks, to prevent malicious malicious registration.
Low threshold for trademark registration
Little dragon (alias) is a full-time engaged in trademark investment of individuals, the line has been five years. Reporters asked about the reasons for choosing the trademark investment industry, his answer was: “interested.””.
At present, dragons engaged in trademark investment income of about 300 thousand yuan a year. According to his words, although it is “dawdle”, but “better than work.””.
According to the relevant regulations of the Trademark Law revised in 2001, the existing trademark registration adopts the principle of prior application, and the natural person also has the qualification to apply. This stipulation once caused the trademark registration battle to be more and more fierce, and directly spawned a batch of professional trademark registrant.
In order to curb the blind registered trademark wind, 2007, the State Administration for Industry and Commerce issued a “natural person” for the attention of the application for trademark registration, trademark registration application for natural conditions to be limited, which requires individual businesses and individual partnerships, rural contracting households etc. legally permitted to engage in business activities of natural talent for registered trademark.
Although the scope of narrowing and targeted, but this “threshold” did not put some plans to use the trademark registration of profit all blocked at the door. The so-called “on the policy, there are countermeasures”, many like dragons such natural persons in order to carry out the trademark operation, began to register their own company.
“I applied for registration in Hongkong, a company, spent less than 3000 yuan, just need a copy of ID card, plus signature, you can, nine working days.” Little dragon told reporters.
Natural person by registered company to operate the trademark investment cost is not high, and even natural person not registered company, also can be obtained by the registered trademark agency, only need to pay a proxy agency fee. Therefore, according to the statistics of some trademark firms, the number of self-employed persons who apply for registered trademarks has not decreased significantly.
Reporters from the trademark agency market practitioners understand that trademark agent trademark agency registration authority price is not high at present, the price of 2000 yuan in general. Some trademark agents in order to grab business, and even prices will be pressed to 1200 yuan. Because there is basically no cost, prices often become the focus of their competition.
The reporter inquired about the quotation of several trademark registration agencies. Trademark agent Mr. Li told reporters: “trademark is in Chinese or English or portfolio, customers can first set, and we can help design here, design fees 1000 yuan, designed to be satisfied.”. We can also help customers free inquiry, analysis of English and Chinese successful probability of application.”
Some trademark agents said, including the design, their offer is only 1800 yuan. However, there is also an agent responsible for the registration of agents, not responsible for the design, but the fee is still 1800 yuan.
In addition to trademark agency companies, some businesses engaged in business activities have also started a trademark agency business. A brand watch store in Hongkong, QQ online shopping shop related staff told reporters that they are mainly e-commerce B2C and major cities around the monopoly, but they also operate trademark agent business.
Insiders told reporters that this situation is not uncommon. Register a trademark
“The Benelux” for Holland, Belgium, Luxemburg three Union, is actually three “Madrid Union member, but the applicant designated the three countries protection, according to a national treatment, and pay the relevant fees according to a country.
As of October 2013, pure agreement parties were 1, namely: Algeria.
As of October 2013, the pure “Protocol” Party of 37, are: Antigua and Barbuda, Bahrain, Australia, Botswana, Denmark, Estonia, the European Union, Finland, Georgia, Greece, Iceland, Ireland, Japan, Lithuania, Madagascar, Norway, Oman, Singapore, South Korea, Sweden, Turkey, Turkmenistan, the United Kingdom, the United States, Uzbekistan, Zambia, Garner, Sao Tome and Principe, Israel, Philippines, Columbia, New Zealand, Mexico, India, Rwanda, Syria, tunisia.
Two, management approach
There are two ways to apply for international registration of the Madrid trademark through the trademark office:
(1) handle the trademark agency authorized by the state.
(two) the applicant will go directly to the trademark office.
Where the entrusted trademark agency conducts the procedure, the applicant may voluntarily choose any trademark agency authorized by the state to handle the matter. All the trademark agencies registered on the Trademark Office are published in the “agency” column.
(two) if the applicant goes directly to the Trademark Office, the applicant may proceed in accordance with the following procedures:
Prepare the application form: submit an application to the international registration office of the trademark office.
Four, the preparation of the application
1, the application should be submitted
(1) the written application of the international registration of the Madrid trademark in the form of an official seal;
(2) fill in and affix official seal or signature in foreign language application for international registration;
(3) copy of the trademark registration certificate of China or copy of acceptance notice;
(4) as the basis for registration or filing of trademark in China for alteration, transfer or renewal of the follow-up business, submit a copy of certificate of approval;
(5) a certificate of applicant’s qualifications, such as a copy of the business license and a copy of the identity card, etc.;
(6) trademark drawings two. If it is a color trademark, two color trademark drawings should be attached;
(7) the entrusted trademark agency shall also submit a letter of attorney for trademark agency;.
2, the international trademark registration application to fill out the specific requirements
(1) the trademark applicant’s country of origin:
“The trademark applicant’s country of origin” means China. If the applicant is designated for protection by the state “Madrid Agreement” members, three kinds of conditions for applicants to choose this one should be selected, the applicant first check whether they conform to the first case, if the line, should be the first choice in the first, if not met, then second, second does not conform. Take third. If three are in line with or meet the two, it should be in a front. If the country designated by the applicant is the member of the Madrid Protocol, in these three cases, the applicant may only choose one of the eligible.
(2) applicant’s name:
If the applicant is a legal person, he should fill in the full name; if the applicant is a natural person, he should fill in his name. In addition, if the legal person has official English or French names, it shall be completed together with the Chinese language and stamped with the applicant’s chop (the legal person shall affix the seal of the enterprise or company).
(3) address of applicant:
According to the requirements of fill in the brackets, such as: China Beijing Jintai Road No. 2, post encoding: 100260.
(4) name of agent:
The applicant may fill in the actual situation; if it is a direct application, this column does not need to be filled out.
(5) address of agent:
Same as the applicant’s address.
(6) domestic applications and registration of trademarks:
Here refers to the application and registration of trademark in our country, not the application and registration of international registered trademarks.
If the applicant is to apply for international registration of the same brand in different categories, the applicant shall fill in each category of application date, application number and / or registration date and registration number by category.
If the applicant requires priority, the date and application number of the first application shall be indicated.
The applicant is required to paste the trademark design, and the size of the trademark should be handled according to the application form.
(9) color protection is required:
If the applicant wants to protect the color, you should indicate which colors and which parts of the color are required to be protected.
(10) transliteration of trademarks:
Here you can just fill in the standard Chinese phonetic alphabet of the trademark.
(11) in the choice of language:
Mark “*” in the box on the left side of the selected language.
(12) goods and services:
Where goods and services are completed, they should be completed in accordance with the categories of goods and services listed in the international classification of goods and services registered trademarks. Such as: first, ethanol, industrial alcohol; fifth, aspirin, baby food; Ninth, sound, picture tube; fill in when not to ninth in the fifth category, or the fifth row in the first class.
(13) contracting parties designated for protection:
What is a trademark? According to our law, a trademark is a visual mark that is placed on a product or package and can differentiate its products from others’ products. That is to say, the main function of a trademark is to distinguish the products of different manufacturers.
According to the State Trademark Bureau statistics, in 2012 a total of 1 million 648 thousand applications for trademark registration, an increase of 16.3%, 11 consecutive years ranked first in the world; 1 million 227 thousand applications for trademark registration review, an increase of 1.8%; ruling objection cases 73 thousand, an increase of 28.7%; complete the trial of trademark review cases 52 thousand and 500, an increase of 50%. China’s total amount of trademark applications exceeded 10 million mark, reaching 11 million 360 thousand pieces, with a total registration volume of 7 million 656 thousand pieces, with an effective registered trademark of 6 million 400 thousand pieces, and continue to maintain the world’s first.
I. The importance of trademarks to enterprises
“A daughter is easy to get, a brand name is hard to find”, and a famous brand name costs a lot of money. Enterprises to create high-quality brand-name, need to inject a lot of manpower, material resources, financial resources, the production of high quality and low price, marketable goods, need to spend a great deal of money on products and brands advertising publicity. Trademarks can enable enterprises to be quickly understood by the society, and promote the production and management of enterprises, which is of great significance to the long-term development of enterprises.
The trademark is not only a business permit, an intangible asset itself or the enterprise, “a brilliant exposition of the value of Marlboro Group CEO Marx Maxwell of trademark:” brand is the greatest asset of enterprises, enterprises like your bank account, when you constantly accumulated its value with the product, can you enjoy the interest.”
At present, the world’s top ten brands are worth more than tens of billions of dollars, and the world’s No.1 Coca-Cola is worth billions of dollars. Some people say that even if the Coca Cola Co burned down overnight, it can be rebuilt with the Coca-Cola brand.
The importance of trademarks in enterprise management has been self-evident, enterprises do not have trademarks, like people without names, must not be known, not to mention fame. But the trademark and the human name is different, in the country can have thousands of people called “Zhang three” people, but not in the same product, there are two called “Li four” registered trademarks. Because some enterprises in our country do not have a strong sense of trademark protection, some enterprises and individuals have taken advantage of the omission of the users and the loopholes in the law. They have taken the lead in registering for the purpose of free possession of the existing trademark goodwill of others. In the world, many enterprises of our country famous trademark has been registered, for example, “Tongrentang” was registered in Japan, “Wuliangye” was registered in South Korea, “Konka” was registered in the United States, “Hisence” was registered in germany. Up till now, about 15% of the manufacturers have encountered the problem that the trademarks have been registered in the market, and these enterprises have fallen into a disadvantageous position in the competition.
Therefore, the trademark is small, but it is really related to the development of the enterprise, should arouse the attention of the enterprise.
Two, trademark protection program
1, the registration of all types of trademarks, that is, in all types of goods and services on the registration of trademarks, should at least cover as many related categories. All categories of goods and services listed in the category of the enterprise, or even the entire classification list, will be registered at the same time.
The advantage of this is that, first of all, there is a ready to use brand that will enable the enterprise to develop, plan, or produce products in the future. Second, prevent others from being first registered. The more well-known an enterprise is, the greater the likelihood that its trademark will be infringed or registered. After the enterprise trademark registered by others, the quality of the products of the use of these trademarks can not be guaranteed, if there are serious quality problems, the brand image will be deteriorated, and the company’s interests and reputation will be damaged.
2, the establishment of specialized departments or specialized agencies to conduct annual trademark monitoring, once found the same or similar trademarks, that is, to take relevant measures to avoid infringement of trademarks suffered unnecessary losses.
3, international trademark registration, as soon as possible in other countries trademark registration, access to trademark protection. At present, the domestic well-known brands in Hongkong, Macao and other places were registered seriously, so timely attention to international registration, international protection of the brand reputation, and protect the huge business value of enterprises.
4, apply for well-known trademarks identified or provincial and city famous trademarks identified, to maximize the protection of trademarks. Compared with ordinary trademarks, well-known trademarks have the characteristics of high popularity, high market share, good reputation, wide influence, high degree of rights and special protection by law. China is now well-known trademarks protection of the most extensive, the largest, it can be said that the country was recognized as well-known trademarks, trademarks are the best protection.
“Donggang strawberry” brand value of 6 billion 361 million yuan, “Donggang rhubarb Xian” included in the first batch of Chinese / EU mutual recognition of geographical indications protection list, “Fengcheng chestnut”, “Kuandian CCTV screen debut in Shizhu ginseng” China GIS culture museum…… The successful construction of this series of trademark brands demonstrates the comprehensive strength of Dandong’s economy and society. In the context of deepening the structural reform of supply side, brand driven has become one of the important means to improve the quality and efficiency of supply system. Over the years, in the brand building on the road to Dandong kept walking.
Building the brand system of “made in Dandong”
For Dandong brand building, the city implemented a systematic brand strategy, its main task is to increase the Dandong manufacturing, agricultural products, service industry brand cultivation, help and publicity efforts. In addition, encourage enterprises to actively create brand-name products, through independent innovation, brand management, protection of geographical indications, trademark registration, patent applications and other means to cultivate our city with independent intellectual property rights and market competitive brands. Since 2014, the city has adjusted and enriched the Dandong famous brand promotion committee, and has established the policy of government support for brand development. In order to make the brand effect prominent, the famous brand development plan has been worked out, and the brand system of “made in Dandong” has been constructed from product brand, enterprise brand and regional brand.
At present, a total of 3 enterprises in Dandong won the governor quality award, 3 enterprises won the mayor Quality Award; within the period of validity, 43 brand-name products in Liaoning, 16 brand-name products in Dandong. After the enterprise obtains the famous brand product title, the sales volume, the profit and so on obvious growth. According to the tracking survey of famous brand products, as of the end of last year, the total sales of Liaoning famous brand products totaled RMB 6 billion 358 million 240 thousand and 500 yuan, and the total tax payment was 804 million 474 thousand yuan, and the total output of these products was 88 million 887 thousand and 500 us dollars.
Last year, for the first time in Liaoning province to carry out the “famous brand in Liaoning province to create demonstration zone”, through the construction of regional brand, enhance brand awareness and brand value, enhance the market competitiveness of regional products, promote the healthy development of the local economy, providing a powerful guarantee for the overall revitalization of the old industrial base of Liaoning province. At present, the province’s 31 parks approved the preparation of “Liaoning famous brand creation demonstration area”, including the city of Donggang (strawberry) industrial zone and Liaoning (Dandong) instrument industry park two parks.
In 2004, Donggang strawberry Research Institute and the city’s business sector actively cooperate, apply for registration of “Donggang strawberry” geographical indications, trademarks, become Dandong’s first agricultural products geographical indications, trademarks. Successful registration, there are 100 thousand farmers and 95 professional cooperatives engaged in strawberry production, more than 40 enterprises and more than 2000 brokers engaged in strawberry processing and trade. According to statistics, Donggang strawberry production area of 179 thousand mu, yield 410 thousand tons, the area and production accounted for 8% and 15% respectively. In 2011, Donggang city of Liaoning province was identified as the first batch of provincial government planting a county one industry (strawberry) demonstration county, is China’s largest strawberry production base and the Ministry of Agriculture named “national quality strawberry production base”, “pollution-free agricultural products (strawberry production base)”.
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