How to register a foreign-related trademark? In practice, what should you pay attention to when registering a foreign-related trademark? The editor will share with you the compiled application process for foreign-related trademarks. You are welcome to read it, it is for reference only!
How to apply for a foreign-related trademark?
Application based on foreign priority
According to the relevant provisions of the Paris Convention, foreign enterprises must obtain the domestic filing date and the first to file. For procedural rights, when filing an application in China, you can claim priority, and the filing date in your home country will be the priority date of the Chinese trademark application. However, the relevant priority request should be submitted within 6 months after the domestic trademark application date. However, the goods in the foreign basic application as a priority application are not necessarily accepted by the Chinese Trademark Office, especially for countries such as Canada that do not adopt the Nice Classification. The following situations are priority application situations and related preliminary suggestions.
1. The basic application for goods or services is too broad. Generally, products that are not classified in the "Nice Classification" and "China Classification List of Similar Goods and Services" will not be accepted by the my country Trademark Office. At this time, the applicant should make refinements based on the "Classification Table of Similar Goods and Services". Particular attention should be paid to the fact that the scope of the original broad goods or services cannot be exceeded during the refinement process.
2. The basic applied goods or services are in the wrong category or across categories. In order to avoid being unable to claim priority across categories after filing an application, it is recommended that when submitting an application in China, the category should be adjusted in accordance with Chinese regulations and a corresponding explanation should be made. This situation does not affect the priority declaration.
3. If the priority goods or services are slightly different from China’s standard goods or services, but it does not affect the actual content of the goods or services, it is recommended to declare them as standard goods or services when applying.
4. If a product or service item may fall into different subcategories in China, it is recommended to make the necessary separation when applying.
Application for self-organizing goods and services based on the information on the customer website
If the customer authorizes the agency organization to apply after summarizing the goods or services based on the information provided on the customer website, the following should be noted Several questions:
1. Try to standardize the goods or services according to the "Classification Table of Similar Goods and Services".
2 If the customer has many products or services, but according to
3. If the customer’s products or services are very cutting-edge, it is recommended to provide a description of the products or services when submitting the application.
Application based on customer guidance or customer's application for registration abroad
If the customer directly specifies to apply for certain goods or services in China or specifies that they have been registered in a certain country When applying for goods and services, you should pay attention to the following issues:
1. There are situations where certain goods or services may be accepted abroad but not accepted at all in China. If a similar situation occurs, the customer should be informed before submitting the application to delete the unacceptable goods or services.
2. If an application for an item similar to "parts and components of the above goods" appears in the customer's instruction letter or registration in other countries, it should be accepted before the application is made. It is recommended to change the product name to a more detailed one.
3. If the items applied for in other countries are relatively broad, but cannot be accepted according to the practice of the China Trademark Office, it is recommended to refine the products before applying.
4. If there are cross-category or wrong-category situations, adjustments should be made before submitting the application.
5. If there are products or services that are relatively cutting-edge and the category cannot be determined at the moment, but the customer submits applications for multiple categories at the same time, it is recommended to apply in all relevant categories.
6. If the product or service is relatively new, it is recommended to submit the product or service description at the same time as the application.
7. If a product or service item may fall into different subcategories in China, it is recommended to make the necessary separation when applying.
What are the procedures for foreign-related trademark registration?
Approaches
There are two ways to apply for Madrid trademark international trademark registration:
( 1) Entrust a nationally recognized trademark agency to handle the matter.
(2) The applicant shall go directly to the Trademark Office to apply.
Processing steps
(1) If entrusting a trademark agency to handle the matter, the applicant can voluntarily choose any nationally recognized trademark agency to handle the matter. All trademark agencies registered with the Trademark Office are published in the "Agency" column.
(2) If the applicant goes directly to the Trademark Office, the applicant can follow the following steps:
Prepare the application documents and submit the application documents to the International Trademark Registration Office of the Trademark Office. Pay the registration fee in accordance with the "Charge Notice"
Preparation of application documents
1. Application documents to be submitted
(1) Fill in and add Application form for international trademark registration in Chinese with official seal;
(2) Application form for international trademark registration in foreign language with official seal or signature;
(3) Domestic Trademark Registration Certificate 》Copy, or copy of the "Notice of Acceptance";
(4) Two copies of the trademark drawings. If it is a color trademark, two color trademark drawings must be attached;
(5) If a trademark agency is entrusted to handle the matter, a trademark agency power of attorney should also be submitted.
2. Specific requirements for filling in the international trademark registration application
(1) The country of origin of the trademark applicant: The country of origin of the trademark applicant refers to China. If the country designated by the applicant for protection is a member of the Madrid Agreement, the three situations available to the applicant in this item should be selected in order, that is, the applicant first evaluates whether it meets the first situation. If so, it should be the first choice. If the first one doesn't fit, then choose the second one. If the second one doesn't fit either, then choose the third one. If all three are consistent or two are consistent, the first one should be chosen. If the country designated by the applicant for protection is a member of the Madrid Protocol, the applicant only needs to meet one of these three situations.
(2) Applicant name:
If the applicant is a legal person, the full name should be filled in; if the applicant is a natural person, the full name should be filled in. In addition, if the legal person has an official name in English or French, it should be filled in together with the Chinese name and stamped with the applicant's seal (the legal person should stamp the enterprise or company seal).
(3)Applicant address: You can fill in the requirements in brackets.
(4) Agent name:
Applicants can fill in the form according to the actual situation; if applying directly, leave this column blank.
(5)Agent’s address:
The filling method is the same as the applicant’s address.
(6) Domestic trademark application and registration:
This refers to trademark application and registration in my country, not international trademark registration.
If the applicant files an application 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 claims priority, the date and application number of the first application should be indicated.
(8) Trademark:
The applicant is required to affix the trademark pattern, and the size of the trademark should be in accordance with the requirements of the application.
(9) Request for color protection:
If the applicant requires color protection, it should indicate which colors and which parts of the colors require protection.
(10) Trademark transliteration:
Just fill in the standard Chinese pinyin of the trademark here.
(11) Selection of receiving language:
Put a mark in the box to the left of the selected language here.
(12) Goods and services:
This refers to goods and services, which should be filled in according to the categories of goods and services listed in the "International Classification of Goods and Services for Trademark Registration" Fill in order.
For example: Category 1, ethanol, industrial alcohol; Category 5, aspirin, baby food; Category 9, audio, picture tubes; when filling in, the ninth category should not be ranked before the fifth category, or the fifth category should be ranked Before the first category.
(13) The contracting party designated for protection:
The applicant puts a mark in the box to the left of the country he wants to protect. For example, the country designated by the applicant for protection is Germany, For France and Italy, applicants only need to check the boxes on the left side of these three countries.
(14) Payment method for this application:
Tick the box to the left of the selected payment method.
Pay the fees
After receiving the completed application documents, the Trademark Office will register the application date, assign the application number, calculate the fees required by the applicant, and report it to the applicant. Issue a "Charge Notice". After receiving the "Charge Notice", the applicant should pay the amount as soon as possible. The Trademark Office will submit the application to the International Bureau only after receiving sufficient remittance. If the Trademark Office has not received the remittance after two months, the application documents and other attachments will be returned to the applicant, and the application date and application number will no longer be retained.
If a trademark agency is entrusted to handle the matter, in addition to paying a certain amount of international trademark registration fees, the applicant should also pay agency fees to the trademark agency.
Receive the "Trademark Registration Certificate"
After the International Bureau receives the international trademark registration application that complies with the "Madrid Agreement on the International Registration of Trademarks and the Protocols thereto", That is, it is registered in the International Trademark Register, and a "Trademark Registration Certificate" is issued to the trademark registration applicant. The "Trademark Registration Certificate" is sent directly to the International Trademark Registration Office of the Trademark Office, and is forwarded to the applicant by the International Office of the Trademark Office. or trademark agency. It should be noted that the applicant must fill in the address clearly (the mailing address can be added). If the applicant's address changes, the change should be made in time.
How to handle various changes after registration
According to the Madrid Agreement and the Madrid Protocol, international trademark registrants can handle the following related matters after registration:
1. Apply for territorial extension to one or more countries for all or part of the goods and services.
2. Transfer or complete transfer of all or part of the goods and services or to all or part of the country.
3. Cancellation of international trademark registration.
4. Give up protection in the relevant country.
5. Delete goods and services.
6. Change the name, address, etc. of the registrant.
The procedures for handling these matters are basically the same as applying for international trademark registration, and corresponding fees should be paid according to regulations.
Application for Trademark Opposition
According to the relevant provisions of my country’s Trademark Law, international trademark registrations that require extension to my country for protection shall be subject to the publication of the International Trademark Announcement. Anyone can object to it within 3 months from January 1st. If the opposition applicant is a domestic corporate legal person or natural person, the opposition application can be mailed directly or through a trademark agency or delivered to the International Trademark Registration Office of the Trademark Office. If the opposition applicant is a foreign enterprise or natural person, it must be handled through a trademark agency.
If an objection is raised against an international trademark registration, the applicant may respond within 30 days from the date of receipt of the notice. If the opposition applicant is a domestic corporate legal person or natural person, the opposition application can be mailed directly or through a trademark agency or delivered to the International Trademark Registration Office of the Trademark Office. If the opposition applicant is a foreign enterprise or natural person, it must be handled through a trademark agency.
The Trademark Office will make a ruling based on the facts and reasons stated by both parties. If both parties to the objection are dissatisfied with the Trademark Office's objection ruling, they can submit an objection review application to the Trademark Review and Adjudication Board within 15 days of receiving the notice of objection decision, and the Trademark Review and Adjudication Board will make a final ruling.
The Importance of Trademark Registration
Trademarks actually play a very important role. Many companies may ignore the importance of trademarks, which results in being accused of not registering a trademark. Other companies rush to register trademarks and make them the property of others.
Some people think that everything will be fine after registering with the Industrial and Commercial Bureau. In fact, this is not the case. The registration of a company name and the trademark of a product are separate matters and should not be confused. The company is registered with the Industrial and Commercial Bureau. The name cannot be the same in one place, but the trademark is different. If you have company A in place A, other companies can no longer use the name a, but can use the name b. If both a and b have registered trademarks, then it is illegal for a to use b's trademark, and if a uses b's trademark to advertise, it will also be punished by law.
Some people think that our company’s products are not big brands, so how can they be registered by others? This involves the issue of trademark registration. In fact, no matter how big or small a brand is, it will have corresponding brand benefits. If this brand is recognized by everyone, then its sales will be guaranteed in the chain across the country and even the world, and everyone will easily accept it.
There is a well-known hot pot brand called Haidilao, which everyone is familiar with. After their staff discovered that a restaurant in Beijing used Tiantian Haidilao for promotion, they took the restaurant to court and received a compensation of 40 RMB. Ten thousand yuan. Some businesses make mistakes because they don’t know about trademark brands. In the above example, they clearly know that there is a brand called Haidilao, and this brand is doing well. They want to use the power of this brand to win profits. This is It's illegal.
The above is the foreign-related trademark application process provided by the editor. I hope it can be helpful to everyone.
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