1. Application procedure
(1) China is a legal person or natural person whose country of origin is determined according to the agreement and protocol. To apply for international registration of a trademark through an agreement or protocol, one must first obtain the preliminary examination and approval of trademark registration in China or the application has been accepted, and meet one of the following conditions:
(1) having a real and effective business place in China; (2) Having a domicile in China; ③ Possess China nationality;
(2) To apply for international registration of a trademark, you can go directly to the Trademark Office or mail it, or you can entrust an agency to handle it. For direct handling, the applicant shall fill in the application form, and the Trademark Office can provide translation. The document translation fee is 3 Indian dollars.
(3) The applicant may directly or entrust an agent to handle matters such as designation, transfer, deletion, waiver, cancellation, change of the name or address of the registrant, change of the name or address of the agent, renewal and designation of the agent in the later period of the application for international registration of trademarks; You can also entrust an agent or go directly to the International Bureau of the World Intellectual Property Organization (hereinafter referred to as the International Bureau). However, the application for overdue designation, transfer, deletion, abandonment and cancellation of the international registration of trademarks related to the member countries of the Madrid Agreement must be handled through the Trademark Office.
(4) Whether the procedures are complete or not, the Trademark Office takes the date of receipt as the date of application and numbers the application number. After the formalities are completed, the Trademark Office will submit the application to the International Bureau within 30 days from the date of application; If the application procedures are incomplete or the application documents are not filled in as required, it will be returned and the application date will not be retained.
If the application procedures are basically complete or the application documents basically meet the requirements, but need to be corrected, the Trademark Office shall notify the applicant to make corrections, and limit him to make corrections according to the specified contents and return them to the Trademark Office within 15 days from the date of receiving the notice. If it is corrected within a time limit and returned to the Trademark Office, the date of application shall be retained; If it is not corrected or overdue, the application date will not be retained.
(5) expenses
When applying for international registration of a trademark, the applicant shall pay the basic registration fee, additional registration fee (if necessary), supplementary registration fee or other separate fees to the International Bureau, and pay the handling fee for handling the application for international registration of a trademark to the Trademark Office.
After receiving the application with complete formalities, the Trademark Office will calculate the expenses and issue a notice of expenses to the applicant or agent. According to the requirements of this notice, the applicant or agent can settle the account with the Trademark Office in RMB or directly in Swiss francs (see Annexes 4 and 5), but the remittance voucher must be sent to the Trademark Office and the handling fee must be paid to the Trademark Office.
(6) Trademark announcements, registration certificates, renewal certificates and other notices.
Once a trademark applying for international registration is registered in the international register, the International Bureau will be responsible for publishing it in the World Intellectual Property Organization's international trademark announcement once a week, and anyone can order it. Trademark registration certificate, renewal certificate and other relevant notices shall be sent directly by the International Bureau to the applicant, registrant or their agents.
(7) Each designated protected country when submitting an application for international registration of a trademark will decide whether to protect it according to its domestic laws. The rejected applicant can appeal directly or through an agent according to the relevant laws of the rejected country.
(8) The applicant or registrant needs to inquire about the information about the international registration of a trademark, and can obtain a detailed summary of the international registration book with an analysis of the international registration through the International Bureau after the expiration of the trademark rejection period.
Where international registration replaces registration in the same previous country in China and requires permission to use the contract for filing, the registrant shall go through the corresponding formalities at the Trademark Office through the trademark agency organization designated by the State Administration for Industry and Commerce and pay the fees to the Trademark Office.
The International Bureau publishes the trademarks registered in the international register in the International Trademark Bulletin of the World Intellectual Property Organization. Within three months from the next month 1 day after the announcement, anyone can raise an objection to the international registered trademark extended to China for protection.
2. Fill in the application form and matters needing attention
The application for international registration of trademarks and the handling of related matters shall be filled in with English or French typewriters provided by the International Bureau.
In order to facilitate Chinese enterprises to apply for international registration of trademarks and handle related matters, the Trademark Office has formulated the Application for International Registration of Trademarks and the Application for Designation, Transfer, Delete, Abandonment, Cancellation, Name or Address Change of Registrant, Name or Address Change, Renewal and Designation of International Registration of Trademarks.
(1) Fill in the application for international registration of trademarks and the matters needing attention.
Name of the applicant: if the applicant is a natural person, the surname and first name shall be stated; If the applicant is a legal person, the full name should be stated (if you are willing to translate in a foreign language instead of Pinyin, directly indicate the translation).
The detailed address of the applicant, including house number, mailing address, postal code, telephone number and fax number.
(3) If an agent is entrusted, the name of the agent is changed (if you are willing to translate in a foreign language instead of Pinyin, directly indicate the translation) and the detailed address.
④ Date of trademark application, application number, date of trademark registration and registration number.
(5) If the applicant specifies the United Kingdom in the application, it shall be deemed that he declares that he intends to use the trademark in the United Kingdom.
⑥ Precautions:
A. An application for international registration of a trademark refers to an application for international registration of a trademark filed with the International Bureau according to the agreement and protocol, and at least one protecting party is appointed, but China is not appointed.
B where an application for international registration is filed on the basis of trademark registration or preliminary examination and approval, all parties to the agreement and protocol may be designated.
C where an application for international registration of a trademark is filed on the basis of a trademark application accepted by China, only one party to the protocol can be designated. Only after the trademark registration or preliminary examination and approval announcement can the members of the agreement or one of the parties to the agreement and the protocol be designated.
D the applicant for international trademark registration must have the same name as the domestic trademark registrant.
E. The trademark pattern applied for international registration must be exactly the same as the trademark pattern applied for domestic registration. The maximum size shall not exceed 80mm× 80mm, and the minimum size shall not be less than 20mm× 20mm. If the trademark is colored, indicate the color and combination of the trademark in words.
F the goods declared in the application shall not exceed the scope of goods applied for registration in China, and shall be arranged in the order of categories in the International Classification of Goods and Services for Trademark Registration.
G if the trademark or part of it consists of non-Latin letters, non-Arabic numerals or non-Roman numerals, its transliteration shall be indicated; Transliteration shall conform to the pronunciation rules of the language used in the application, and indicate the corresponding translation.
H when designating at least one party to the protocol, the applicant can choose French or English as the future receiving language, otherwise, only French can be used.
⑦ Relevant accessories shall be attached.
A provide a copy of the trademark registration certificate, or a copy of the preliminary examination announcement, or a certificate of acceptance of the trademark application issued by the application office.
B. Where priority is claimed, a certificate of priority shall be attached.
C if an agent is entrusted, the power of attorney of the agent shall be attached.
D. Attach 2 copies of trademark design.
E. China citizens who have no real and effective business premises or domicile in China shall attach notarized China nationality certificate.
(2) Fill in the application form for designation, transfer, deletion, abandonment, cancellation, change of the name or address of the registrant, change of the name or address of the agent, renewal and appointment of the trademark in the later period of international registration and the points for attention:
(1) The name and address of the registrant shall be consistent with the latest international registration and book registration; The name and address of the agent may be consistent with the name and address registered in the recent international register, or the name or address of the agent may be changed.
(2) If the applicant designates Britain at a later stage, it shall be deemed that he has declared his intention to use the trademark in Britain.
③ Main precautions:
A each application can only involve one application category, and all types of applications should be filled in the "basic information" column in the application.
B only one international registration number can be filled in for each application for overdue designation, renewal and transfer involving only some goods or services.
C. For the transfer of all goods or services, the deletion, abandonment, cancellation of the same content, the change of the name or address of the registrant or agent, and the application for appointing an agent, multiple international registration numbers can be filled in, as long as the application involves all or the same countries in each registration.
D. the exemption application cannot involve all countries.
E. cancellation applications must involve all countries.
F. The renewal may be waived in some countries, or it may be carried out in the contracting party that rejects or is invalid but has not made a final decision, but it shall be specifically stated in the application.
Another way is to call the National Patent Office directly for consultation. ...