How can a foreigner register a trademark in China? Can it be registered? Then let’s take a look at how foreigners can apply for a trademark brought to you by the editor below. There may be what you need. . How foreigners can register a trademark in China
Foreigners can apply for trademark registration in China.
There are two methods for foreigners or foreign-owned enterprises (excluding joint ventures) to register trademarks in China:
Extend registration from their own country to China through the Madrid Agreement.
To register a trademark directly in China, foreigners or foreign enterprises must go through a Chinese agency.
The registration procedure is roughly the same as domestic registration, but the power of attorney must be filled in a special form in both Chinese and English. The application form also uses the foreign version of the "Application for Trademark Registration". The applicant's certification document can be a foreign identity. Certificate or passport; agency fees vary.
Note: Natural persons or enterprises from Hong Kong, Macau, and Taiwan must register trademarks in mainland China in accordance with the procedures for foreigners or foreign enterprises.
The above are the principles for foreigners’ trademark registration applications and the specific information on how foreigners can register trademarks in China. I hope it will be helpful to you. Foreigners can apply for trademark registration in China, but this does not mean that foreigners can do so at will. They must abide by the relevant provisions of China’s Trademark Law. Due to possible language barriers, poor understanding of legal provisions, and perhaps unfamiliarity with China’s application procedures, We recommend that you consult relevant lawyers. After all, they have rich experience, which can save time and effort and avoid some disputes. Principles for foreign trademark registration applications
(1) If a trademark reciprocity agreement has been reached between the applicant’s country and China, it shall be handled in accordance with a bilateral treaty
The trademark reciprocity agreement refers to the The mutual trademark registration agreement reached between China and my country through signing or exchange of letters. In addition to special trademark reciprocity agreements, my country's friendly trade or trade agreements with some countries often include the principle of reciprocity in trademark registration and relevant trademark registration terms. According to the provisions of bilateral treaties, applicants are usually granted "national treatment". Our country's trademark administration authorities should handle applications for trademark registration by citizens and enterprises from countries that have signed reciprocal trademark agreements with our country in accordance with the provisions of the agreement. After my country joined the Paris Convention for the Protection of Industrial Property, the Madrid Agreement on the International Registration of Marks and the Protocol Relevant to the Madrid Agreement on the International Registration of Marks, bilateral agreements only apply to countries that have not joined these three international treaties.
(2) Handle according to the international treaties that the applicant’s country and our country have both joined
At present, among the international treaties on trademarks, our country has joined four Three: namely, the World Intellectual Property Organization Convention (joined on March 3, 1980), the Paris Convention for the Protection of Industrial Property (joined on March 19, 1985), the Madrid Agreement on the International Registration of Marks (October 4, 1989) (Accession on December 1, 1995) and the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Accession on December 1, 1995). Our country has no obligation to comply with international treaties that our country has not joined. Only international treaties that both parties have jointly participated in have our country's obligation to abide by them.
Especially the Paris Convention for the Protection of Industrial Property. According to the provisions of the Paris Convention, any member state should grant national treatment to nationals of other member states in terms of trademark registration. Therefore, nationals of all member states of the Paris Convention can enjoy national treatment for trademark registration in our country. The conditions, application procedures, steps, etc. enjoy the same treatment as Chinese nationals.
(3) Handled according to the principle of reciprocity.
The principle of reciprocity is a principle often used in dealing with relations between countries. Its basic meaning is: when dealing with international political and economic relations, I will treat you the same way you treat me. Treat you the same way. Applying the principle of reciprocity to foreign-related trademark registration requires both parties to handle trademark registration applications from citizens or enterprises of the other country in the same manner. For example, if the country where a foreign trademark applicant belongs requires the submission of a domestic registration certificate or a reciprocal agreement certificate for the registration application of a Chinese trademark in that country, the trademark applicant in that country must also submit the above certificates to the Chinese trademark authority; the foreign trademark applicant If the country of origin requires us to authenticate and notarize the trademark application documents, our country will also handle it based on the principle of reciprocity, and vice versa.
How to register a trademark abroad, foreign trademark registration process
1. Preparations before registration
Before applying for trademark registration abroad, you need to make the following two preparations:
(1) Understand the situation: In order to apply for trademark registration, you need to understand the trademark regulations and customary practices of the country of registration. These include: procedures and document requirements for applying for trademark registration; requirements for commodity classification, including: procedures and document requirements for applying for trademark registration; requirements for commodity classification; contents prohibited from trademark registration in relevant countries; types of registration; principles for obtaining opinions ; Whether it is necessary to provide domestic trademark registration certificate; agent registrant and collection status; etc.
(2) Document preparation: Although the requirements for trademark registration applications in various countries are not completely consistent, the following documents must generally be provided:
Application form. The application should state the name and pattern of the trademark applied for registration; the category and name of the goods using the trademark; and the name and address of the applicant. Necessary certificates or explanations can also be provided as needed.
Power of attorney. Applications for trademark registration abroad are generally handled by a trademark agent designated by the country of registration. Therefore, Chinese trademark applicants must entrust a trademark agent to handle the application. When entrusting another person to register a trademark on your behalf, a power of attorney must be provided. If there is a unified format requirement for the power of attorney, it should be filled in according to the unified format. If the power of attorney requires notarization and certification, the notarization and certification procedures must be completed.
Domestic registration certificate. If you need to provide a registration certificate from your home country when applying for registration, you should provide it; if it is difficult to provide the original document, the National Trademark Office can issue a certificate; if notarization is required, notarization procedures should be completed.
Certificate of nationality. When applying for trademark registration abroad, you must submit documents proving the applicant's nationality. If the nationality certificate requires notarization and certification, you should go through the notarization and certification procedures.
Product list. The goods for which a registered trademark is applied for should be listed in a product list and must comply with the commodity classification requirements of the country of registration.
Trademark pattern. 25 black and white drawings must be submitted; if the drawings have color requirements, this must be noted on the application form and the color of the drawings must be provided as required.
Trademark printing plate. This is used for printing trademark announcements after the registration country accepts the application, and should be prepared when applying for registration.
2. Application for registration and approval of registration
On September 22, 1989, the State Administration for Industry and Commerce issued the "Specific Measures for Applying for International Registration of Madrid Trademarks." The "Measures" put forward clear requirements for the registration of Chinese trademarks in the remaining 27 member countries of the Madrid Union, in terms of applicant qualifications, application steps, validity period, etc.
(1)Applicant qualifications. To apply for international trademark registration, you must first register a trademark in my country or obtain preliminary trademark approval, and must meet one of the following conditions: have a real and effective industrial and commercial business place in my country; have a residence in my country; and have Chinese nationality.
(2) Select the application method. There are two application methods: direct system and agency system. Direct system: Applications for international trademark registration and other related trademark matters can be handled directly at the Trademark Office of the State Administration for Industry and Commerce. In this way, the applicant fills out an application form. Agency system: If the applicant is unable to go directly to the Trademark Office to apply for international trademark registration, he or she can entrust an agency designated by the State Administration for Industry and Commerce to apply on his behalf.
Any application for international trademark registration in Madrid must be submitted to the International Bureau of the World Intellectual Property Organization through the Trademark Office. If the application is handled through an agency, the agency shall submit various applications to the Trademark Office.
Taiwanese compatriots or overseas Chinese who apply for national trademark registration can go through an agency designated by the State Administration for Industry and Commerce, or go to the Trademark Office.
(3) Fill in the application form. After the applicant decides on the application method, he must fill in the application form as required and make it in triplicate.
The contents of the application include: the name of the applicant, detailed address and postal code: the entrusted agent should indicate the name, detailed address and postal code of the agent; the date and number of the application for registration or preliminary examination of the trademark in my country, the date of registration or preliminary examination and Number; 1 black-and-white copy of the trademark; if applying for protection of color as part of the trademark, the color or color combination applied for protection should be pointed out, and a color copy of the trademark should be attached; the goods used by the trademark should be expressed in accurate language. The order of categories in the International Classification of Goods and Services for Trademark Registration; the country designated for protection (can be one or more countries in the Madrid Union, but cannot include China); the amount of the registration fee, payment method, date and payer, etc.
(4) Application attachments. The application attachments that should be attached include: 1 copy of my country's trademark registration certificate or 1 preliminary approval certificate; if the agent is represented through an agency organization, a power of attorney should be attached; if there is no real and valid industrial and commercial business place or domicile in China, Chinese expatriates are required to provide 1 notarized certificate of Chinese nationality and 1 copy of payment certificate.
(5) Several specific requirements for application: First, the applicant for international trademark registration must have the same name as the national registered or preliminary approved trademark registrant; second, the goods reported in the application must not exceed the national registration and The scope of goods for preliminary approval; third, the application must be in French; fourth, the application form must be filled out with a typewriter.
(6) Pay registration fees and handling fees as required. When Chinese trademark applicants apply for international trademark registration, they must pay the basic registration fee to the International Bureau of the World Intellectual Property Organization. If necessary, they must also pay additional registration fees, supplementary registration fees or other prescribed fees. The registration fee payable to the International Bureau shall be paid in Swiss francs or its equivalent in US dollars or Hong Kong dollars, plus a handling fee. Submit it to the Trademark Office through bank transfer, remittance, etc., or directly submit it to the Trademark Office and transfer it to the International Bureau.
The handling fee is a fee charged by the National Trademark Office in addition to the above fees. The applicant should pay the registration fee and fees at the same time to the Trademark Office.
(7)Register. After receiving the application transferred from the Trademark Office, the International Bureau deems that the application is complete and the product category and product name are filled in correctly, it will be registered; if the procedures are not complete, the registration will be suspended and the Trademark Office will be notified. The Trademark Office shall notify the applicant to complete the procedures within 20 days after receiving the international notification. Applicants should complete the procedures within the time limit. Failure to do so will result in automatic abandonment of the application.
Once a trademark applied for international registration is registered, it will be announced by the International Bureau and a registration certificate will be issued. The Trademark Office will send the registration certificate to the applicant or agency by registered mail within 20 days from the date of receipt of the registration certificate from the International Bureau.