What is the process for registering foreign-related trademarks? How should I register a foreign-related trademark now? The editor has compiled the foreign-related trademark registration process to share with everyone. You are welcome to read it, it is for reference only!
What information is needed to register a foreign-related trademark?
1. Fill out the application form for international trademark registration in Chinese and stamp it with the official seal;
2. Fill out the application form for international trademark registration in foreign language with the official seal or signature Application form;
3. A copy of the domestic "Trademark Registration Certificate" or a copy of the "Notification 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.
Procedures for international trademark registration
First, the applicant should apply to the Trademark Office of the State Administration for Industry and Commerce. The application documents include: a completed application for China International Registration (the application form is provided by our company). The application must be stamped with the official seal, a copy of the domestic trademark registration certificate (or preliminary approval announcement), and a power of attorney. , Two copies of trademark pictures. If it is a color trademark, two copies of color trademark pictures are required.
After receiving the complete application documents, the Trademark Office will register the application date, number the application, calculate the fees required by the applicant, and send a "Charge Notice" to the applicant.
After receiving the "Charge Notice", the applicant should pay the fee in the amount as soon as possible. The Trademark Office will submit the application to the International Bureau only after receiving the full amount of remittance. If the Trademark Office has not received the remittance after two months, it will return the application documents and other attachments to the applicant, and the application date and application number will no longer be retained.
Applicants should be reminded here that if the International Bureau receives a trademark registration application submitted by the Trademark Office within two months from the date the Trademark Office receives the international registration application, the date of receipt by the Trademark Office will be It is the date of receipt by the International Bureau, which is the date of international registration of the trademark; if the International Bureau receives the application two months later, the International Bureau will regard the date of receipt of the application by the International Bureau as the date of receipt and the date of international registration.
If the country where the applicant wants to designate protection is both a member country of the Agreement and a member country of the Protocol, and the trademark applied for registration in this country has not yet been registered, or the application has just been submitted, In this case, we suggest that the applicant can first file an application for international registration in a member country of the "Protocol", and then file a later application for territorial extension with a member country of the "Protocol" after the trademark is registered in the country. In this way, you can apply for international trademark registration immediately without wasting time, and obtain trademark registration protection as soon as possible, especially when the international registration application is submitted for domestic registration
The applicant shall submit the application within six months. Priority may also be requested.
What are the misunderstandings about foreign-related trademark registration?
A trademark is a special mark used to distinguish products or services from a certain enterprise or individual merchant. It can be seen that the most basic function of a trademark is to differentiate and avoid confusion among consumers. Therefore, enterprises must give top priority to this factor when designing, selecting, and registering trademarks, and at the same time, combine special design, corporate culture, consumer feelings, etc. to handle trademark registration. In summary, a trademark must be distinctive.
However, when registering foreign-related trademarks, companies generally fall into the following misunderstandings:
(1) Change the abbreviation of each word in the company’s English name or too simple English The monogram serves as the company's trademark.
Usually abbreviated trademarks are usually a combination of about 3 letters and have no meaning as a whole. Although most countries in the world allow the registration application of this kind of trademark, because this kind of trademark is difficult to call as a whole, it is difficult for consumers to have a deep impression on it, and it is easy to be confused with other prior trademarks containing these letters. Conflicts of rights may lead to trademark rejection or opposition from prior rights holders. In addition, some countries do not accept the registration of trademarks composed of simple letters. For example, Russia does not accept the registration of trademarks with 3 or less letters, unless the letters in the trademark have a special design and are quite distinctive.
Therefore, the author believes that a good English trademark should contain at least 3 or more English letters and be callable and easy to use. If it is an English trademark consisting of less than 3 letters, the author recommends that necessary graphic elements or other elements should be added to enhance its distinctiveness.
(2) Apply for registration of pure Chinese trademarks
Some people believe that registering and applying for pure Chinese trademarks in overseas markets is to make the domestic market run on the same track as the international market. The author believes that the above views are understandable. However, such ideas must be based on the psychological feelings of overseas consumers, and companies must choose carefully.
In general, Chinese is just a graphic symbol in the eyes of most foreigners. When many companies apply for foreign-related trademark registration, they simply and bluntly apply for domestically registered purely Chinese trademarks abroad, regardless of whether local consumers know Chinese. This not only makes it difficult for foreign consumers to accept, but also is not conducive to the rapid development and development of enterprises. Occupy foreign markets. At the same time, some countries do not accept the registration of purely Chinese trademarks, such as Vietnam and Armenia. In agency practice, these two countries have made it clear that they do not accept the registration of purely Chinese trademarks. In addition, pure Chinese trademarks have a high risk of being officially rejected in some countries. Because the examiner does not understand the meaning of the trademark.
If an enterprise plans to register a Chinese trademark in overseas markets, the author believes that it is best to register the Chinese trademark together with the corresponding English, pinyin, graphics and other distinctive elements as a combined trademark.
(3) Application for registration of pure Chinese Pinyin trademarks
Similar to Chinese trademarks, a large proportion of trademarks registered in overseas markets are pure Chinese Pinyin. Although foreign consumers recognize trademarks composed of pure pinyin, because the pronunciation habits and calling methods of Chinese pinyin are very different from those of English, it is difficult for foreign consumers to have a deep impression on them, resulting in companies being unable to quickly develop and occupy overseas markets.
The author believes that it is best for companies to design and register English trademarks based on English pronunciation rules and habits. This kind of English trademark can be a vocabulary inherent in English or an original combination of English letters created by the company based on English pronunciation rules. . If an enterprise intends to register a Chinese Pinyin trademark, it is recommended to add corresponding graphics and other distinctive elements to register it together as a combined trademark. This move not only improves the overall distinctiveness of the trademark, but also helps foreign consumers quickly identify it.
(4) Apply for registration of a trademark that conflicts with the taboos of various countries
Due to differences in culture and language, each country has its own taboos. Therefore, enterprises must understand the language habits and taboos of the target market when registering foreign-related trademarks. For example, Australia taboos the use of rabbits as trademarks; India and other Arab countries prohibit the use of pig images as trademarks; the British taboo the use of human figures as product decoration; some North African countries taboo the use of dogs as trademarks, etc.
In addition, there are some taboos due to language differences. For example, CHANA, a well-known domestic car brand, represents women's lower body in Spanish. Products with such a trademark will have adverse effects when exported to Spanish-speaking countries.
The above is the foreign-related trademark registration process provided by the editor. I hope it will be helpful to everyone.
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