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How to apply for an overseas trademark

There are two ways to register an overseas trademark:

1. International organization registration. Registration using international treaties mainly includes four major systems: Madrid, European Community Trademark, African Intellectual Property Organization, and African and Regional Intellectual Property Protection Organizations.

2. Single country registration. Based on the regional characteristics of trademark protection, trademark registration applications are filed separately in each country.

Enterprises can choose a suitable trademark registration system based on the key exporting countries of products and key trademark infringement countries. Most companies in my country choose Madrid trademark registration, that is, according to the Madrid Agreement on the International Registration of Trademarks or the International Registration of Trademarks. Trademark registrations between member states of the Madrid Union in accordance with the provisions of the Protocol Relevant to the Madrid Agreement.

Each country and region has different regulations on trademark registration. If you are not familiar with overseas trademark registration, you can entrust the provincial Council for the Promotion of International Trade or the China Council for the Promotion of International Trade to handle it on your behalf.

Legal Basis

The international registration of trademarks stipulated in Article 34 of the "Regulations on the Implementation of the Trademark Law of the People's Republic of China" and Article 21 of the Trademark Law refers to the international registration of trademarks based on "Madrid Agreement on the International Registration of Marks" (hereinafter referred to as the Madrid Agreement), "Protocol Relevant to the Madrid Agreement on the International Registration of Marks" (hereinafter referred to as the "Madrid Protocol") and "Contract Implementing Rules for the Madrid Agreement on the International Registration of Marks and the Protocol Relevant to the Agreement" Madrid international registration of trademarks.

Madrid trademark international registration applications include trademark international registration applications with China as the country of origin, territorial extension applications designating China and other related applications.

Article 36 of the "Regulations for the Implementation of the Trademark Law of the People's Republic of China" Applicants who comply with the provisions of Article 35 of these Regulations and whose trademarks have been registered with the Trademark Office may apply based on Apply for international registration of the trademark under the Madrid Agreement.

Applicants who comply with the provisions of Article 35 of these Regulations and whose trademarks have been registered with the Trademark Office, or have submitted trademark registration applications to the Trademark Office and been accepted, may apply for the application in accordance with the Madrid Protocol. International registration of trademarks.

Article 37 of the Regulations for the Implementation of the Trademark Law of the People's Republic of China International Bureau) application processing.

If China is the country of origin, the subsequent designation, abandonment and cancellation of the international trademark registration related to the Madrid Agreement should be applied to the International Bureau through the Trademark Office; the transfer of the international trademark registration related to the Madrid Agreement , deletion, change, and renewal can be applied to the International Bureau through the Trademark Office, or directly to the International Bureau.

If China is the country of origin, the subsequent designation, transfer, deletion, abandonment, cancellation, change, and renewal of the international registration of a trademark related to the Madrid Protocol can be applied to the International Bureau through the Trademark Office. You can also apply directly to the International Bureau.