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Regionality of Trademarks

The territoriality of a trademark refers to the trademark rights granted by a country or region in accordance with its own trademark law or the trademark treaty of this region. It is only valid in that country or region and is not applicable to other countries or regions outside the region. countries are not binding. In other words, each country has no obligation to protect trademark rights granted by other countries. For example, if a trademark is registered in Japan but not in my country, then although the trademark is protected by law in Japan, it is not protected in my country. If this trademark is used in our country, it will be regarded as an unregistered trademark. If it is identical or similar to a trademark registered in our country, its use will be prohibited. The opposite is also true. If a trademark registered in my country is not registered in other countries, the trademark will not be protected in other countries. Therefore, if an enterprise is interested in promoting its products to the international market, it should promptly register its trademark in the country where the products are exported. Trademark rights are strictly territorial. Rights obtained in any country can only be protected in that country, and their rights are not recognized in other countries. Therefore, if an enterprise wants to protect its trademark rights in the countries where it is sold and expand the regional nature of its trademark rights, it must perform certain procedures in a certain way. At present, there are two main methods: one is to directly apply for trademark registration in the country where the trademark is located; the other is to extend the territory through international trademark registration. The regional nature of trademarks: 1. Apply directly for trademark registration in the country where you are located. When applying for trademark registration abroad, you should generally entrust a trademark agent in the country where you are located. Applicants can entrust their trading partners in the country of application to search for them on their behalf, or they can search for them themselves. Currently, many companies are willing to entrust my country's foreign-related trademark agencies to handle the matter. When entrusting these agencies to handle the matter, you only need to issue a corresponding power of attorney, provide the corresponding trademark image (word trademarks are sometimes not required), and specify the necessary product range. If the applicant entrusts his trading partner abroad to handle the matter on his behalf, both parties should sign an agreement stating that the application for registration will be made in our name to prevent the trademark rights from being lost. 2. International registration of trademarks and territorial extension International registration of trademarks refers to trademark registrations carried out by the International Bureau of the World Intellectual Property Organization in accordance with the Madrid Agreement on the International Registration of Marks and its Related Protocols. Applications for international trademark registration must be submitted to the Trademark Office. You can either entrust an agent to handle the procedures or handle them yourself. After receiving the application and necessary attachments and fees, the Trademark Office will send the relevant application documents to the International Bureau of the World Intellectual Property Organization in Geneva, Switzerland, which will handle the trademark registration. After the International Bureau examines the application, it will register the trademark, issue an international trademark registration certificate, and review the trademark within the designated country deadline. The protection of an internationally registered trademark in a certain member country is called the territorial extension of the international trademark registration. Only if the extension application is not rejected by the member country within the specified period, the trademark can be protected in that member country.