how to register foreign-related trademarks?
there are two ways to apply for foreign-related trademark registration: one is to register one country at a time, 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 protocol to the Madrid Agreement on the International Registration of Trademarks (hereinafter referred to as? Madrid protocol? ), the trademark registration between Madrid Union member countries. What we usually call international trademark registration refers to Madrid trademark international trademark registration. Madrid Union? Do you mean by? Madrid agreement? And? Madrid protocol? Special Union for International Trademark Registration, composed of applicable countries or intergovernmental organizations. As of October 23, 2113, the Madrid Union * * * has 74 member countries (or contracting parties). They are: when did the country join the Madrid Agreement and the Madrid Protocol? When did the country join the Madrid Agreement and the Madrid Protocol? For the abbreviation of Belgium, Netherlands and Luxembourg, there are actually three? Madrid Union? Member States, but when the applicant designates these three countries for protection, they are still treated as one country and pay relevant fees according to one country. What are the procedures for handling foreign-related trademark registration?
Ways to handle
There are two ways to apply for international trademark registration of Madrid trademark:
(1) Entrust a trademark agency recognized by the state to handle it.
(2) The applicant shall go directly to the Trademark Office for handling.
Procedures
(1) If a trademark agency is entrusted to handle the matter, the applicant may voluntarily choose any trademark agency recognized by the state to handle it. All trademark agencies registered with the Trademark Office are published in? Agency? In a column.
(2) If the applicant goes directly to the Trademark Office, the applicant can go through the following steps:
Prepare the application form and submit it to the International Trademark Registration Office of the Trademark Office to pay the registration fee according to the provisions of the Notice of Fees
Preparation of the application form
1. The application form to be submitted
(1) An application form for international trademark registration in Chinese that is filled in and stamped with the official seal;
(2) an application for registration of an international trademark in a foreign language, which is filled in 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) If a trademark agency is entrusted, a power of attorney for trademark agency shall also be submitted.
2. Specific requirements for filling in the application for international trademark registration
(1) The 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 so, he should choose the first one first, if not, he should choose the second one, and if not, he should choose the third one. If all three meet or meet two, the former one should be selected. 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 should 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) applicant's address: 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) Agent's address:
It is the same as 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.
if the applicant applies for international trademark registration for the same trademark in different categories, the applicant should fill in the application date, application number or/and registration date and registration number of each category one by one in the order of categories.
(7) Priority:
If the applicant requests priority, the date and application number of the first application shall be indicated.
(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) Request for color protection:
If the applicant requests color protection, it should indicate which colors and which parts of colors are required to be protected.
(11) Trademark transliteration:
Just fill in the standard Chinese pinyin of the trademark here.
(11) Receiving language selection:
Mark the box on the left of the selected language here.
(12) Goods and services:
The goods and services mentioned here shall be filled in the order of the categories 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, kinescope; When filling in, the ninth category shall not be placed before the fifth category, or the fifth category shall not be placed before the first category.
(13) Contracting Party designated for protection:
The applicant marks the box on the left of the country to be protected. If the applicant designates Germany, France and Italy as the countries to be protected, the applicant only needs to mark the box on the left of these three countries.
(14) Payment method of this application:
Mark the box on the left of the selected payment method.
Payment of fees
After receiving the application documents with complete formalities, the Trademark Office will register the application date, assign the application number, calculate the fees to be paid by the applicant, and issue a Notice of Fees to the applicant. The applicant shall pay the amount as soon as possible after receiving the Notice of Charge. The Trademark Office will only submit an application to the International Bureau after receiving the full remittance. If the remittance is still 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.
if a trademark agency is entrusted, the applicant shall pay a certain amount of international trademark registration fees and agency fees to the trademark agency.
Obtaining the Trademark Registration Certificate
After receiving the application for international trademark registration in accordance with the Madrid Agreement on International Trademark Registration and its Protocol, the International Bureau will register in the international trademark registration book and issue the Trademark Registration Certificate to the applicant. The Trademark Registration Certificate will be sent directly to the International Trademark Registration Office of the Trademark Office, which will be forwarded to the applicant or trademark agency by the International Office of the Trademark Office. 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? Madrid protocol? Trademark An international trademark registrant may handle the following matters after registration:
1. Apply for territorial extension to one or more countries for all or part of goods and services.
2. Transfer all or part of goods and services or all or part of countries.
3. Cancellation of international trademark registration.
4. Give up protection in the countries concerned.
5. cut 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 of trademarks, and the corresponding fees shall be paid as required.
Application for Trademark Objection
According to the relevant provisions of China's Trademark Law, anyone can raise an objection to a registered trademark of an international trademark that is required to be protected in China within three months from the 1 th day of the next month after the publication of the International Trademark Announcement. If the objection applicant is a domestic enterprise legal person or natural person, the objection application 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 natural person, it must be handled through a trademark agency.
if the registered trademark of an international trademark is challenged, the applicant may reply within 31 days from the date of receiving the notice. If the objection applicant is a domestic enterprise legal person or natural person, the objection application 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 natural person, it must be handled through a trademark agency.
The Trademark Office makes a ruling based on the facts and reasons stated by both parties. If both parties disagree with 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 does TM mean?
TM is the abbreviation of TRADEMARK. Trademarks in the United States and other countries are usually marked with TM, but it does not necessarily refer to registered trademarks. R is the abbreviation of REGISTER, which means registered trademark when used in trademarks. According to the implementation regulations of China's Trademark Law, the use of registered trademarks can be marked on commodities, commodity packages, manuals or other attachments? Registered trademark? Or a registration mark.
registration marks include (note plus ○) and (r plus ○). The use of registration marks shall be marked in the upper right corner or the lower right corner of the trademark. Therefore, TM and R are trademarks of different countries and have no special relationship. However, some domestic companies do not understand the legal provisions, blindly imitate American companies and use TM marks on trademarks. Whether the text and graphic elements are combined or registered separately
The advantage of combined registration is to save money. However, there is a big restriction in actual use, that is, the registered trademarks must also be used in combination in actual use, and the relative position and size of each component should generally be consistent with the registration form.
in addition, if any component of the combined trademark conflicts with the prior trademark, the whole trademark may be rejected. Therefore, we generally recommend separate registration. Although the cost will be higher, the trademark owner can choose to use each registered trademark separately or in combination at will after trademark registration, which is very flexible.
moreover, when applying for registration separately, even if one of the trademarks is rejected, it will not affect the registration of other trademarks. However, there are exceptions. If a certain component of a trademark is too simple, individual registration may be rejected. In this case, priority should be given to combined registration in order to increase the success rate of registration.
that's what xiaobian provided for you? Gongshu district foreign-related trademark registration process? , I hope everyone can like it! trade mark registration