I. Legal Basis and Applicable Conditions
According to Article 37 of the Regulations for the Implementation of the Trademark Law, if an applicant applies for the registration of the same trademark in other member countries of the Paris Convention for the Protection of Industrial Property within 6 months after filing an application for trademark registration in China, he shall apply to the Trademark Office for a certificate of priority.
Second, the way to deal with it.
There are two ways to apply for priority certificate:
(1) Entrusting a trademark agency registered in the Trademark Office.
(2) The applicant goes directly to the trademark registration hall of the Trademark Office.
To apply for a priority certificate, the following documents shall be submitted:
(1) applying for the issuance of a priority certificate;
An application for issuing a priority certificate may be made in writing or in the form of a data message. In paper form, it shall be typed or printed. If you apply by data message, please refer to the relevant provisions of online application for specific requirements.
2. If the applicant is a legal person or other organization, it shall affix its official seal at the designated location; If the applicant is a natural person, it shall be signed by the applicant in a designated place with a pen or signature pen.
3. For the filling requirements, please refer to the instructions attached to the application for issuing priority certificates.
(2) A copy of the applicant's identity certificate:
1. If the applicant is a domestic legal person or other organization, it shall submit copies of valid certificates such as business license, legal person certificate of legal person registration certificate, public institution, legal person certificate of social organization, practice certificate of law firm and practice license of medical institution. School license, periodical certificate, organization code certificate and other documents can not be used as the applicant's identity documents.
2. If the applicant is a domestic natural person, a copy of valid identity documents such as ID card, passport and household registration certificate shall be submitted.
3. If the applicant is a legal person or other organization from Hongkong, Macau, Taiwan Province or abroad, a copy of the registration certificate of the region or country to which it belongs shall be submitted. Copies of the registration certificates of foreign enterprises' offices and resident representative offices in China are invalid. If the above documents are in foreign languages, a Chinese translation shall be attached; If it is not attached, it shall be deemed that the document has not been submitted.
4. If the applicant is a natural person from Hong Kong, Macao and Taiwan and handles it by himself, submit a copy of the pass; If the applicant is a foreign natural person and handles it on his own, he shall submit a copy of his passport and a foreigner's permanent residence permit, foreigner's residence permit or foreigner's residence permit valid for more than one year issued by the public security department.
(3) Where a trademark agency is entrusted, a Power of Attorney for Trademark Agency shall be submitted.
The power of attorney for trademark agency shall specify the agency content and authority.
2. If the applicant is a foreigner or a foreign enterprise, the trademark power of attorney shall specify the nationality of the applicant.
3. The notarization and authentication procedures of the trademark power of attorney and relevant certification documents of foreigners or foreign enterprises shall be handled in accordance with the principle of reciprocity.
(four) if there is a manager directly, a copy of the identity certificate of the manager shall be submitted.
(5) If the documents, certificates and evidential materials submitted by the applicant are in foreign languages, a Chinese translation shall be attached; If it is not attached, it shall be deemed that certificates, certification documents or evidential materials have not been submitted.
Those who apply for the issuance of priority certification documents shall pay a trademark certification fee of 65,438+000 yuan for each category.
The trademark application procedures for the applicant to obtain the priority certificate are complete, the application documents are filled in and the fees are paid according to the regulations, and if the application meets the requirements, the Trademark Office will issue the priority certificate to the applicant.
Note: If the original applicant's name is changed, an application for the change of the applicant's name shall be filed first, and then an application for priority certification documents shall be submitted.