Current location - Trademark Inquiry Complete Network - Trademark inquiry - Madrid International Trademark Registration Steps
Madrid International Trademark Registration Steps

How can I apply for a Madrid international trademark? What are the steps for registration? The editor has compiled the Madrid international trademark registration steps to share with you. Welcome to read, for reference only! Madrid trademark What are the requirements for registration

①Applicants must have certain subject qualifications. The applicant should have a real and effective industrial and commercial business office in my country; if not, he should have a residence in my country; if he does not have a residence, the applicant should have Chinese nationality. Nationals of non-Madrid Union members who have joint ventures or wholly-owned enterprises in my country can apply for international registration through the Trademark Office. In addition, legal persons or natural persons in Taiwan Province can apply for international registration through the Trademark Office;

② Trademarks applying for international registration must have started certain trademark registration application procedures in my country. If the country designated by the applicant for protection is a member of the Madrid Protocol, the trademark applied for international registration must have been registered in my country; if the country designated by the applicant for protection is a member of the Madrid Protocol, the trademark applied for international registration can be A trademark that has been applied for registration in my country can also be a trademark that has been registered or filed for registration.

③The international registration application should be consistent with the content of the national basic registration or basic application. The name of the international registration applicant should be exactly the same as the name of the domestic applicant or registrant; the trademark should be exactly the same as the domestically registered trademark; the reported goods and services should be the same as the domestically registered goods and services or not exceed the domestic application or Scope of registered goods and services. If the domestic application or registration is for the same trademark in different goods or service categories, when applying for international registration, you can submit an international registration application and fill in the international registration application in the order of categories of goods or services reported domestically. in the book;

④ Those who meet certain conditions can claim priority. When applying for international registration, if the time interval between the applicant and the domestic application for trademark registration is less than six months, the applicant may request priority when applying for international registration, but a copy of the domestic "Notice of Acceptance" should be provided. . Procedural steps 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 ways to register an international trademark?

1. Country-by-country registration

Country-by-country registration is to apply for trademark registration in the target country (region) without preconditions. It is currently applying for foreign trademark registration. main ways. Its main advantages are that it is convenient, flexible and can be started at any time; it does not need to be registered in the country, and there is no possibility of central crackdown like Madrid registration; the specific application process is generally entrusted to a local professional trademark The trademark agent of the agency not only has the advantage of being familiar with the domestic trademark laws, but also has experience in applying for foreign trademarks. He can follow up from submission to the end of the examination process, and is responsible for responding to the examination opinions of any examination authority. Report on the application progress and provide reference suggestions for various difficulties encountered in the application, so that applicants can receive more thoughtful and stable services. The disadvantage of this approach is that the application fee is generally higher, because not only do you have to pay foreign official fees, pay domestic trademark agency fees, but also bear foreign agency fees. The review period in some countries is longer; applications must be filed country by country, and the procedures are The cycle is more complicated; some countries require a notarized and certified power of attorney, which brings trouble to the application.

2. Madrid International Registration

Madrid International Registration is a rapidly growing application method and is expected to become the main channel for applying for foreign trademark registration in the near future. Its main advantages are that one application can designate dozens of contracting countries at the same time; the official fees are relatively cheap; the designated country must review the validity within 18 months; and the cost of maintaining the validity of the trademark is low. Its disadvantages are that the application form and application procedures are relatively complex; the substantive examination is conducted by the trademark authorities of each country in accordance with their national laws, and foreign applicants or their agents are not adaptable; most examination opinions require a response from a local trademark lawyer, which will cause A large number of temporary entrustments and extra-budgetary expenses are incurred in the application process; applications that need to be based on domestic registration or domestic application may suffer from the center's attack, that is, when the domestic registration is revoked due to objections, disputes, etc., in the agreement, the members The designation in the country will be invalid, and the designation in the pure protocol member state will be invalid. The designation in the pure protocol member state must be transferred to its national registration; Madrid international registration must submit an application to the International Bureau through the trademark authority of the contracting country. Currently, the my country Trademark Office The International Registration Office has fewer staff and the number of applications increases rapidly, causing applications to stay in the Trademark Office for a long time. This may cause some trademarks to be registered by others.

3. EU trademark registration

To apply for trademark registration in EU countries, you can apply for a country-by-country application and Madrid international registration, or you can choose to apply to the European Office for Harmonization of the Internal Market in one go. way. The advantage of this approach is that it saves costs and the procedure is relatively simple for applicants. Once approved, it is valid in all EU countries. The point is that as long as the applied trademark conflicts with the prior rights of any country in the EU, it may be opposed and cannot be approved.

The above are the steps for Madrid international trademark registration provided by the editor. I hope you will like it! Madrid Trademark Registration Trademark Registration