How to register foreign-related trademarks?
There are two ways to apply for foreign-related trademark registration: one is to register by country, that is, to apply for registration with the trademark authorities of various countries respectively; One is Madrid international trademark registration, that is, according to the Madrid Agreement on International Trademark Registration (hereinafter referred to as? Madrid agreement? ) or the relevant protocols of madrid agreement concerning the international registration of marks (hereinafter referred to as? Madrid protocol? ), trademark registration between Madrid Union member countries. What we usually call international trademark registration refers to Madrid trademark international trademark registration.
Madrid Union? What do you mean? Madrid agreement? And then what? Madrid protocol? The International Special Union for Trademark Registration consists of applicable countries or intergovernmental organizations. By the end of June 5438 +20031October 23rd, Madrid Union * * * had 74 member countries (or contracting parties), namely, when countries joined the Madrid Agreement, when countries joined the Madrid Protocol and when countries joined the Madrid Agreement, they joined the Madrid Protocol.
Benelux? There are actually three abbreviations for Belgium, the Netherlands and Luxembourg? Madrid Union? Member States, but when the applicant designates these three countries for protection, they are still treated as one country and pay the relevant fees according to one country.
What are the procedures for registering foreign-related trademarks?
processing method
Madrid trademark application for international trademark registration has two ways:
(1) Entrust a nationally recognized trademark agency to handle it.
(2) The applicant directly submits it to the Trademark Office.
Processing steps
(1) Where a trademark agency is entrusted, the applicant may voluntarily choose a trademark agency recognized by the state to handle it. All the trademark agencies registered in the Trademark Office are here? Institution? Line up.
(2) If the applicant goes directly to the Trademark Office, he can go through the following steps:
Prepare the application documents, submit the application documents to the International Trademark Registration Office of the Trademark Office, and pay the registration fee according to the provisions of the fee notice.
Preparation of application documents
1. Application documents to be submitted
(1) An application for registration of Chinese international trademarks, filled in and stamped with the official seal;
(2) an application for international trademark registration filled in in a foreign language and stamped with the official seal or signature;
(3) a copy of the domestic trademark registration certificate or a copy of the acceptance notice;
(4) Two trademark designs. If it is a color trademark, two color trademark patterns should be attached;
(5) Where a trademark agency is entrusted, a power of attorney for trademark agency shall also be submitted.
2. Fill in the specific requirements of the application for international trademark registration.
(1) Country of origin of the trademark applicant:
The country of origin of the trademark applicant? Refers to China. If the applicant specifies the country to be protected as? Madrid agreement? Member States, the three situations available to the applicant in this item should be selected in turn, that is, the applicant should first measure whether he meets the first situation, if yes, then choose the first situation, if not, then choose the second situation, if not, then choose the third situation. If all three meet or meet two, you should choose the former. If the applicant specifies the country to be protected as? Madrid protocol? Member States, in these three cases, the applicant only needs to meet one of them.
(2) Name of the applicant:
If the applicant is a legal person, the full name shall be filled in; If the applicant is a natural person, the name should be filled in. In addition, if the legal person has an official English or French name, it should be filled in together with Chinese and stamped with the seal of the applicant (the legal person should be stamped with the seal of the enterprise or company).
(3) Address of the applicant: it can be filled in according to the requirements in brackets.
(4) Name of agent:
The applicant can fill in according to the actual situation; If it is a direct application, this column is not filled.
(5) Address of the agent:
Fill in the form of the applicant's address.
(6) Domestic application and registration of trademarks:
This refers to the application and registration of trademarks in China, not the application and registration of international trademarks.
Where an applicant applies for international trademark registration for the same trademark in different categories, it shall fill in the application date, application number and/or registration date and registration number of each category one by one in the order of categories.
(7) Priority:
Where the applicant claims priority, the date and application number of the first application shall be stated.
(8) Trademark:
Here, the applicant is required to paste the trademark pattern, and the size of the trademark should be handled according to the requirements of the application.
(9) Require color protection:
Where the applicant requests the protection of colors, it shall specify which colors and which parts of colors are required to be protected.
(10) Trademark Transliteration:
Just fill in the standard Chinese pinyin of the trademark here.
(1 1) Receiving language selection:
Tick tock? In the box to the left of the selected language. Mark.
(12) Goods and services:
The goods and services referred to here shall be filled in in the order of the categories of goods and services listed in the International Classification of Goods and Services for Trademark Registration. Such as: the first category, ethanol, industrial alcohol; The fifth category, aspirin, baby food; The ninth category, audio and video recording; When filling in, category 9 shall not be placed before category 5, or category 5 shall not be placed before category 1.
(13) The parties designated for protection:
Does the applicant tick the box to the left of the country he wants to protect? Mark, if the countries designated by the applicant for protection are Germany, France and Italy, the applicant only needs to tick the boxes on the left of these three countries? Do it.
(14) Payment method of this application:
Tick the box on the left of the selected payment method. Mark.
bear the cost
After receiving the application documents with complete procedures, the Trademark Office shall register the date of application, assign the application number, calculate the fees payable by the applicant, and issue a notice of fees to the applicant. The applicant should pay the fee as soon as possible after receiving the fee notice. The Trademark Office will not submit an application to the International Bureau until it receives the full remittance. If the remittance is not received by the Trademark Office after two months, the application documents and other attachments will be returned to the applicant without retaining the application date and application number.
Where a trademark agency is entrusted, the applicant shall pay an agency fee to the trademark agency in addition to a certain amount of international trademark registration fee.
Collection of trademark registration certificate
After receiving an application for international registration of a trademark conforming to the madrid agreement concerning the international registration of marks and its protocols, the International Bureau shall register it in the international trademark register and issue a trademark registration certificate to the applicant for trademark registration. The trademark registration certificate shall be sent directly to the International Trademark Registry of the Trademark Office, which shall forward it to the applicant or trademark agency. It should be noted that the applicant must fill in the address clearly (mailing address can be added), and if the applicant's address changes, it should be changed in time.
How to handle all kinds of changes after registration?
According to? Madrid agreement? And then what? Madrid protocol? Trademark An international trademark registrant may handle the following matters after registration:
1. Apply to extend the territory of all or part of goods and services to one or more countries.
2, in all or part of the goods and services or in all or part of the country transfer or transfer.
3. Revocation of international trademark registration.
4. Give up protection in relevant countries.
5. Cut back on goods and services.
6. Change the name and address of the registrant.
The procedures for handling these matters are basically the same as those for applying for international trademark registration, and the corresponding fees shall be paid as required.
Application for registration
According to the relevant provisions of China's Trademark Law, anyone can raise an objection to the registered trademark of an international trademark that requires protection in China within three months from the 1 day of the second month after the announcement of the international trademark. If the applicant for objection is a domestic enterprise legal person or natural person, the application for objection may be mailed or delivered to the International Trademark Registry of the Trademark Office directly or through a trademark agency. If the objection applicant is a foreign enterprise or a natural person, it must be handled through a trademark agency.
Where an objection is raised to the registered trademark of an international trademark, the applicant may reply within 30 days from the date of receiving the notice. If the applicant for objection is a domestic enterprise legal person or natural person, the application for objection may be mailed or delivered to the International Trademark Registry of the Trademark Office directly or through a trademark agency. If the objection applicant is a foreign enterprise or a natural person, it must be handled through a trademark agency.
The Trademark Office shall make a ruling based on the facts and reasons stated by both parties. If both parties have objections to the Trademark Office's objection ruling, they can submit an application for objection review to the Trademark Review and Adjudication Board within 15 days after receiving the Notice of Objection Ruling, and the Trademark Review and Adjudication Board will make a final ruling.
What should I pay attention to when registering foreign-related trademarks?
1, the applicant must have certain subject qualifications. The applicant shall have a real and effective business place in China; If not, you should have a residence in China; If there is no domicile, the applicant should have China nationality. No? Madrid Union? Nationals of member countries with joint ventures or wholly-owned enterprises in China may apply for international trademark registration through the Trademark Office. In addition, legal persons or natural persons in Taiwan Province Province can apply for international trademark registration through the Trademark Office.
2. A trademark applying for international trademark registration must have started certain trademark registration application procedures in China. Which country does the applicant designate for protection? Madrid agreement? For member countries, trademarks applying for international trademark registration must be registered in China; Is the country designated for protection by the applicant pure? Madrid protocol? For member countries, a trademark applying for international trademark registration can be a trademark that has been registered in China, or a trademark that has been registered or applied for registration.
3. The application for international trademark registration shall be consistent with the national basic registration or basic application. The name of the applicant for international trademark registration shall be exactly the same as that of the domestic applicant or registrant; The trademark shall be exactly the same as the trademark registered in China; The declared goods and services shall be the same as those registered in China or within the scope of goods and services applied for or registered in China. Where the same trademark of different categories of goods or services is applied for or registered in China, an application for international registration of trademarks can be submitted when applying for international registration of trademarks, and different categories of goods or services declared in China can be filled in the application for international registration of trademarks in the order of categories.
4, meet certain conditions can claim priority. When applying for international trademark registration, if the time interval between the applicant and the domestic trademark registration application is not more than six months, the applicant may claim priority when applying for international trademark registration, but shall provide a copy of the domestic acceptance notice.
5, inadmissible application for international trademark registration
Where it does not conform to Article 6, 1, 2 and 3 of the madrid agreement concerning the international registration of marks and its Protocols or one of the detailed rules for implementation, the Trademark Office will not accept the application for international trademark registration of the trademark.
6. After the expiration of the validity period of the international trademark registration, if you want to continue to use it, you should renew the registration.
What should we pay attention to in trademark examination?
Trademark re-examination refers to the legal procedure that the Trademark Review and Adjudication Board re-examines the request for re-examination made by the parties who refuse to accept the decision made by the Trademark Office on trademark-related matters.
I. Types of trademark examination:
1, the party concerned refuses to accept the reexamination of the Trademark Office's rejection of the trademark registration application;
2, the parties to the Trademark Office refused to accept the application for transfer of a registered trademark review;
3. The party concerned refuses to accept the application for renewal of a registered trademark rejected by the Trademark Office;
4, the parties to the Trademark Office objection ruling review;
5, the parties to the Trademark Office to revoke the registered trademark review opinions;
6, the parties to the Trademark Office to cancel the registration of improper trademark review;
Second, the review time
The applicant may, within 15 days from the date of receiving the notice of rejection, ruling or revocation, request the Trademark Review and Adjudication Board for reexamination. If there are special reasons, you can apply for an extension before the expiration, and the extension time is 30 days, but you need to pay the extension request fee.
Iii. Documents and materials to be provided:
1. power of attorney for trademark agency: if a trademark agency is entrusted, a power of attorney sealed by the applicant shall be provided. Applicants from outside the mainland who apply for trademark reexamination in China must entrust a trademark agency.
2. Various applications for reexamination: If an agency is entrusted to apply for trademark reexamination, it shall be submitted by the agency.
3. Reasons and evidential materials
Fourth, review the ruling.
The Trademark Review and Adjudication Board shall make a final ruling on whether to approve or not to register the rejected or objected registration, and notify the parties concerned in writing.
The Trademark Review and Adjudication Board shall make a final ruling on maintaining or revoking the trademark for other review, and notify the parties concerned in writing.
The above is the Japanese trademark registration process provided by Bian Xiao, and I hope it will help you.
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