What are the ways to apply for the registration of foreign-related trademarks? What are the steps for registering foreign-related trademarks? The editor has compiled the application methods for foreign-related trademarks to share with everyone. Welcome to read, for reference only!
What are the ways to register a foreign-related trademark?
There are two ways to apply for Madrid trademark international trademark registration:
(1) Entrust a nationally recognized trademark agency to handle the application .
(2) The applicant shall go directly to the Trademark Office to apply.
Steps for foreign-related trademark registration
(1) If entrusting a trademark agency to handle the registration, the applicant can voluntarily choose any nationally recognized trademark agency to handle the process. 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.
The difference between registered trademarks and unregistered trademarks
A registered trademark refers to a trademark that the user of the trademark applies to the State Trademark Office for registration in accordance with legal procedures, and is approved for registration after review.
An unregistered trademark is a trademark used on goods or services without trademark registration.
1. Registered trademarks are protected by law
Article 3 of the "Trademark Law" stipulates that a trademark approved and registered by the Trademark Office is a registered trademark, and the trademark registrant enjoys the exclusive right to use the trademark and is subject to Legal protection.
2. The Trademark Law’s protection of unregistered trademarks embodies two characteristics:
(1) There are two types of unregistered trademarks protected by the Trademark Law. Including unregistered well-known trademarks and unregistered trademarks with certain influence.
(2) The rights content of the two unregistered trademarks are different.
Give unregistered well-known trademarks the exclusive right to use, while only granting them priority registration rights for unregistered trademarks that have a certain impact.
Article 13, Paragraph 1 of the "Trademark Law" stipulates: If a trademark applied for registration on the same and similar goods is a copy, imitation or translation of a well-known trademark that has not been registered in China and is likely to cause confusion, it shall not be registered. and its use is prohibited. ?
Article 31 of the "Trademark Law" stipulates: ?Applying for trademark registration shall not damage the existing prior rights of others, nor shall it be used to preemptively register a trademark that has been used by others and has a certain influence by unfair means. . Paragraph 2 of Article 41 stipulates: If a registered trademark violates the provisions of Articles 13 and 31 of this Law, within five years from the date of trademark registration, the trademark owner or interested party may request The Trademark Review and Adjudication Board ruled to cancel the registered trademark. For those who register in bad faith, the owner of a well-known trademark is not subject to the five-year time limit. ?
3. Ordinary unregistered trademarks are not protected by the Trademark Law
The "Trademark Law" does not make clear provisions on the protection of ordinary unregistered trademarks, so they are always under a This is a state of unprotected rights and may be prohibited from use at any time due to the approved registration of the same or similar trademark by others. Therefore, if you want to use a common trademark with security, it is best to register it.
The above is the application method for foreign-related trademarks provided by the editor. I hope it will be helpful to everyone.
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