What we usually call international registration of trademarks refers to the international registration of trademarks in Madrid.
"Madrid Union" refers to the special union for international registration of trademarks composed of countries or intergovernmental organizations that apply the Madrid Agreement and the Madrid Protocol.
(2) Schematic diagram of handling steps? Prepare the application → submit the application to the international registration office of the Trademark Office → pay the registration fee according to the provisions of the Notice of Fees → obtain the international registration certificate of the trademark? (3) Preparation of application documents? 1. What application documents need to be submitted? (1) Fill in the Chinese application for international registration of Madrid trademark and affix the official seal? (2) A foreign language application filled in and stamped with official seal or signature? (3) A copy of the domestic trademark registration certificate or a copy of the domestic acceptance notice? (4) Where the basic registered or applied trademark is changed, transferred or renewed in China, a copy of the approval certificate shall be submitted? (5) Two trademark designs.
If it is a color trademark, two color trademark patterns should be affixed? (6) Where a trademark agency is entrusted, a Power of Attorney for Trademark Agency shall also be submitted? 2. The choice of foreign language application? (1) only specifies the format MM 1? (2) Only the designated agreement countries use MM2? (3) Specify that both pure agreement countries and agreement countries use MM3? (4) Specify that the United States must also attach MM 18? 3. What are the specific requirements for filling in the Madrid trademark international registration application? (1) The country of origin of the trademark applicant:? "The country of origin of the trademark applicant" refers to China.
If the applicant designates the protected country as a member of the agreement, he should choose three situations in this item in turn, that is, the applicant should first measure whether he meets the first situation, if so, he should first choose the first one, if not, he should choose the second one, if not, he should choose the third one.
If all three meet or meet two, you should choose the former.
If the applicant designates the protected country as a member of the Protocol, the applicant only needs to choose one of three situations.
(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 provided.
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, such as: No.2 Jintai Road, Beijing, China, with postal code 100260.
(4) Name of agent:? The applicant can fill in according to the actual situation. If they apply directly, this column need not be filled in.
(5) Agent's address:? 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 internationally registered trademarks.
Where an applicant applies for the international registration of 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 affix a trademark design, and the size of the trademark should be handled according to the requirements of the application.
(9) color protection is required:? 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:? Put an "X" in the box to the left of the selected language.
(12) goods and services:? The goods and services referred to here shall be filled in the order of the categories of goods and services listed in the International Classification of Goods and Services for Trademark Registration, such as: Class I, ethanol, industrial alcohol; The fifth category, aspirin, baby food; The ninth category, audio, kinescope; When filling in, category 9 shall not be placed before category 5, and category 5 shall not be placed before category 1.
(13) The party designated for protection:? The applicant put an "X" in the box to the left of the country that needs protection. If the applicant designates Germany, France and Italy as protected countries, the applicant only needs to put an "X" in the box to the left of these three countries.
(14) Payment method for this application:? Mark "X" in the box to the left of the selected payment method.
(4) pay the fee? After receiving the application documents with complete procedures, the Trademark Office shall register the application date, assign the application number, calculate the fees payable by the applicant, and issue a notice of fees to the applicant or agent.
The applicant or agent shall pay the relevant fees to the Trademark Office within 05 days from the date of receiving the fee notice.
The Trademark Office will not submit an application to the International Bureau until it receives the full payment.
If the applicant or agent fails to pay the fee within the time limit, the application shall be deemed as a waiver and the application date shall not be retained.
(5) Trademark objection application? According to the relevant provisions of China's Trademark Law, anyone can raise an objection to the international registered trademark that is required to be protected in China within three months from 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 Registration Office of the Trademark Office directly or through an agency.
If the objection applicant is a foreign enterprise or a natural person, it must entrust a trademark agency recognized by the state to act as an agent.
Where an objection is raised to an internationally registered trademark, the objector may give a reply within 30 days from the date of receiving the notice of reply to the objection, and must entrust a trademark agency recognized by the state to handle it.
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 may 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 ruling.
(6) Obtain a trademark registration certificate? After receiving an application for international registration that conforms to the detailed rules for the implementation of madrid agreement concerning the international registration of marks and its protocols, the International Bureau shall register in the international register and issue a certificate of international registration of trademarks to the applicant for trademark registration. The international registration certificate of a trademark shall be sent directly to the International Registration Office of the Trademark Office, which shall forward it to the applicant or the 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.
(seven) how to handle all kinds of changes after registration? 1. According to the agreement and protocol, an international registrant of a trademark can handle the following matters after registration: (1) Apply for territorial extension to one or more countries for all or part of goods and services, that is, later designation? (2) Transfer of all or part of goods and services or all or part of countries.
(3) cancel all or part of the goods or services? (4) Abandoning protection in the countries concerned.
(5) cut down 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 handling new applications, and the corresponding fees shall be paid as required.
2. How to choose a foreign language application form? To handle all subsequent changes, you must submit the corresponding Chinese application and foreign language form for Madrid trademark international registration: (1) later designated MM4? (2) MM5 for transfer? (3) Delete with MM6? (4) Give up using MM7? (5) MM8 is used to cancel? (6) MM9 is used to change the name and address of the registrant? (7) The name and address of the agent are changed to MM 10? (8) MM 1 1 for renewal? (9) Specify the agent to use MM 12? (8) Precautions? 1, the applicant must have certain subject qualifications.
The applicant should 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.
Nationals of "Madrid Union" countries with joint ventures or wholly-owned enterprises in China may apply for international registration through the Trademark Office of the State Administration for Industry and Commerce.
In addition, legal persons and natural persons in Taiwan Province Province can apply for international registration through the Trademark Office of the State Administration for Industry and Commerce.
At present, legal persons or natural persons in Hong Kong and Macao Special Administrative Regions cannot apply for international registration through the Trademark Office.
2. A trademark applying for international registration must have started certain trademark registration application procedures in China.
The country designated by the applicant for protection is a pure party to the agreement, and the trademark applying for international registration must be a trademark registered in China; The applicant specifies that the country to be protected is a party to the agreement or protocol, or a pure party to the protocol. A trademark applying for international registration can be a trademark that has been registered in China or a registered trademark.
3. The application for international registration shall be consistent with the national basic registration or basic application.
The name of the applicant for international 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 can be submitted when applying for international registration, and different categories of goods or services declared in China can be filled in the application for international registration in the order of categories.
4, meet certain conditions can claim priority.
When applying for international registration, if the time interval between the applicant and the domestic application for trademark registration does not exceed six months, the applicant may claim priority when applying for international registration, but shall provide a copy of the domestic acceptance notice.
5. An inadmissible application for international registration? If it does not conform to Article 6, Article 2, Article 3 of madrid agreement concerning the international registration of marks and its Protocols or one of the detailed rules for implementation, the Trademark Office shall not accept the application for international registration of the trademark.
6. After the expiration of the validity period of international registration, if you want to continue to be protected, you should renew your registration.
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