What are the procedures for the registration of foreign-related trademarks? How to register foreign-related trademarks? Xiaobian shares the well-organized foreign-related trademark registration procedures with everyone, welcome to read, for reference only!
guide to application for registration of foreign-related trademarks
1. The applicant for registration of foreign-related trademarks may be a natural person, a legal person or any other organization.
2. To apply for foreign-related trademark registration, a foreign-related trademark office approved by the State Trademark Office shall be entrusted to handle the relevant application matters. Our company has obtained the qualification of foreign trademark agency.
3. The applicant shall determine the trademark pattern, the protected goods and the country of registration.
4. Foreign-related application methods include Madrid international registration application, European countries registration application, African Intellectual Property Organization registration application and country-by-country registration application.
5. For each trademark application, the Entrustment Contract for Applying for Foreign Registered Trademarks shall be filled in. The contents of the entrustment contract mainly include the applicant's name (in Chinese and English), address (in Chinese and English), trademark pattern, commodity name and domestic and foreign use, etc.
6. The applicant shall produce a copy of its business license, a copy of the domestic registration certificate of the trademark (if registered), domestic application materials of the trademark (if in application), 1 copies of trademark patterns and other relevant certification materials.
7. If it is necessary to sign the foreign power of attorney or other documents during the application for foreign-related registration, please personally sign it by the applicant or other responsible person, and indicate the position and name of the signatory in Chinese Pinyin. If the document needs notarization or authentication, the applicant must handle it himself, and our company can provide corresponding suggestions.
8. applications for handling foreign-related changes, renewals, transfers, licenses, objections, disputes and infringement lawsuits shall be handled in accordance with relevant regulations.
9. Estimated approximate cost and time for applying for trademark registration abroad
1. The company can apply for trademark registration abroad on behalf of the applicant in a lump sum way. For trademark registration in some countries, such as the United States, Japan, Hong Kong, European countries and the Middle East, the application fee for a class of goods with one standard is about $2,, including the application fee, that is, the fee charged by foreign trademark offices; In other countries or regions, such as South American countries such as South Korea, Brazil, Argentina and Taiwan Province, the cost is about 1,5 US dollars; Other countries, such as Vietnam, Thailand and Malaysia, apply for trademark registration, which is about $1,2. Please consult our company for the application fee of trademark registration in specific countries.
2) For the inquiry before applying for trademark registration abroad, our company charges about USD 3, which is not included in the lump-sum scope of the above application fee.
3), the length of time for foreign registered trademarks depends on the speed of foreign review process, generally ranging from one year to several years.
1. If a foreign applicant needs to apply for trademark registration and handle other trademark matters in China, it shall entrust a foreign-related trademark office as an agent. Fill in the power of attorney and provide application information.
comparison of advantages and disadvantages of foreign-related trademark registration methods
(1) Madrid international registration
1 Advantages:
(1) Lower fees
No matter how many countries are designated, Madrid charges only pay the basic fees once plus the designated country fees, so the fees are lower.
(2) Simple procedures
Trademark applicants only need to pay a fee in one language (English, French or Spanish) through an agency of the International Bureau and submit an application, which is simple.
2 Disadvantages:
(1) There is no unified registration certificate
Madrid international registration is an extension of territorial protection. After receiving the application for international registration, the International Bureau will issue an international registration certificate, but its effect is only similar to that of the domestic acceptance notice. Generally, the trademark authorities in designated countries will not issue any registration certificate or approval notice.
(2) Madrid registration must be based on domestic trademark registration or domestic trademark registration application
Madrid registration must be based on domestic trademark registration or domestic trademark registration application, and the registration effect is unstable. Therefore, once the domestic trademark registration is changed or revoked, the Madrid registration will also be changed or revoked.
(3) Unable to protect rights overseas in time
Because Madrid international registration is only a kind of territorial extension protection, when infringement occurs overseas, the trademark owner cannot protect rights in time because there is no registration certificate or notice of approval issued by the competent authority.
(II) Single-country registration
1 Advantages:
(1) No basic registration or application is required
Single-country registration does not need to be based on domestic registration or basic application, and the application method and time are flexible.
(2) There is a separate registration certificate
Without any rejection or objection, each national trademark authority will issue a trademark registration certificate or approve a registration certificate to the trademark applicant.
(3) Stable rights and convenient rights protection
After the trademark applicant has registered in a single country, the local trademark authority will register the applied trademark. When overseas infringement is committed, the applicant can protect his legitimate rights and interests at the first time.
2 Disadvantages:
(1) The cost is relatively high
A single country needs to pay the registration fee and the local lawyer fee to the local trademark office one by one, so the cost is high.
(2) The procedure is relatively complicated
A single country needs to submit its application to the designated applicant country one by one, so the procedure is relatively complicated.
(3) EU registration
1 Advantages
(1) Centralized protection procedures.
A trademark registration can be protected by the 27 member States of the European Union, and the ruling on trademark cases will be enforced in all countries of the European Union;
(2) Basic registration is not required
Basic registration is not required to apply for * * * homonymy registration, and the conditions are relaxed.
(3) The cost is relatively cheap.
you only need to apply for registration once to use the trademark in the 27 member States of the whole European union. Compared with applying separately in each member country, the cost is much cheaper.
2 Disadvantages:
(1) There is a high requirement for trademark distinctiveness
Trademark registration in the European Union requires a high requirement for trademark distinctiveness. As long as one of the 27 member States of * * * raises an objection, and the objection is established, the entire trademark registration of * * * will be rejected. Although the rejected trademark can be converted into a national application, and the application date of the original * * * identical trademark is retained, the applicant must also pay the conversion fee to each country. Therefore, the EU trademark application registration requires very high distinctiveness.
(2) It is difficult to determine the time for applying for registration of * * * homonym trademark
It is difficult to determine the time for applying for registration of * * * homonym trademark in the European Market Coordination Bureau. As long as one country raises an objection, the trademark cannot be registered in time, and it takes a long time to resolve the objection.
(4) African Intellectual Property Organization
The African Intellectual Property Organization (OAPI) is a regional alliance composed of countries whose official language is French in the former French colony to protect intellectual property rights. Headquartered in Yaoundé, Cameroon, it manages the trademark affairs of all member countries in a unified way. The African Intellectual Property Organization includes 16 countries, which have no separate intellectual property system. Therefore, when designating these 16 countries, they must be registered through the African Intellectual Property Organization.
The above is the foreign-related trademark registration procedure provided by Xiaobian. I hope it can help you.
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