Registered Trademarks
With the increasingly fierce business competition, trademark registration and protection are particularly important as an important asset of an enterprise and a core component of brand image. So, what conditions need to be met and what materials need to be prepared to register a trademark? This article will explain it in detail for you.
Registrability of trademarks: Trademarks must be distinctive, i.e., they must not be too similar to trademarks that have been registered or pending, nor can they be generic names, descriptive words, or other content that lacks distinctiveness.
Legitimacy of trademarks: Trademarks must not infringe on the rights of others, such as copyrights, portrait rights, etc., nor can they violate laws and regulations, public order and good customs.
Intent to use the trademark: The applicant needs to have a genuine intent to use, i.e., the intention to use the trademark in commercial activities, and not to preemptively register in bad faith.
Trademark reproduction: Provide a clear and complete reproduction of the trademark, which can be black and white or color. The reproduction of the trademark shall clearly show the appearance and characteristics of the trademark.
Trademark registration application: A completed trademark registration application, including the applicant's name, address, ** and other information, as well as the designated class of goods or services.
Power of attorney for trademarks: If the applicant entrusts a trademark agency to handle trademark registration matters on behalf of the applicant, it is necessary to provide a power of attorney for trademarks to clarify the matters and authority.
Priority certificate (if any): If the applicant claims priority, it is necessary to provide the corresponding priority certificate, such as priority application, priority certificate, etc.
Other relevant materials: Depending on the circumstances, other relevant materials may also be required, such as evidence of trademark use, trademark assignment or license agreement, etc.
Trademark Search: Before filing an application for trademark registration, it is advisable to conduct a trademark search to assess the registrability of the trademark and avoid conflicts with registered or pending trademarks.
Filing an application: Submit the required materials to the relevant trademark office, such as the China Trademark Office (CNIPA), the United States Patent and Trademark Office (USPTO), etc.
Examination: The Trademark Office will conduct a formal and substantive examination of the application to ensure that the trademark meets the registration conditions.
Publication and opposition: If the trademark passes the examination, the Trademark Office will make a public announcement for the public to raise an opposition. The opposition period is usually three months.
Certificate of Registration: If there is no objection or the opposition has been resolved, the Trademark Office will issue a certificate of registration confirming the exclusive right to use the trademark.
Registering a trademark is an important step for a company to protect its brand equity and build its brand image. Understanding the conditions and materials required to register a trademark, as well as following the correct registration process, is essential to ensure that the trademark is successfully registered and protected by law. Through professional trademark inquiries and consultations, as well as reasonable trademark strategic planning, enterprises can better manage and protect their brand assets, laying a solid foundation for the long-term development of enterprises.