International trademark registration is a relatively new but also an old topic. For many Chinese companies and Chinese trademark agencies, "old" means that many seniors or colleagues from other countries and regions have accumulated many years of experience in this area and summarized a very rich number of cases. Since joining the industry, the author has been engaged in international trademark agency work, assisting Chinese companies to apply for trademark registration in other countries and regions, and handle later complex trademark opposition, cancellation, litigation, infringement and other cases, and has accumulated certain experience and lessons. Here is a brief introduction based on regional divisions:
1. Europe
Speaking of trademark law, Europe is the origin of modern trademark law. France promulgated the world’s first protection law in 1803. Separate regulations for trademarks. With the colonization process of France, Britain, Spain and other countries around the world, laws and regulations related to trademarks have gradually spread to all parts of the world. The British Trademark Law of 1938 is still used and retained in some of its former colonial countries and regions. It can be seen that the development of the trademark legal system is deeply marked by the times.
The United Kingdom is the main representative of the common law system, which is reflected in the trademark system that focuses on prior use. The trademark protection system is based on the principle of prior use. The procedural and substantive laws of the British trademark legal system are well preserved and used in many Commonwealth member states and former colonies. The trademark legal system in Hong Kong that we are most familiar with follows the previous British trademark legal system. In procedural law, emphasis is placed on the defense process between the parties. The competent authorities are in a neutral position and strive to promote "exhaustion of rights" and grant the parties the broadest right to communicate and resolve case issues. Commonly found in countries and regions such as Hong Kong, Australia, Singapore, New Zealand, South Africa, and Canada. France and Germany are the main representatives of the civil law system, which is reflected in the trademark system's emphasis on prior registration, and the trademark protection system is based on the principle of prior registration. The trademark authority is in an intermediary refereeing position. The procedures are different from those in the Anglo-American legal system. Instead, they simplify the complex and make rulings strictly based on the matters stipulated in the trademark law. Countries heavily influenced by France are mainly in Africa, such as Algeria, Morocco, Monaco and the French-speaking areas of Africa. Countries that are deeply influenced by Germany include Japan, China, South Korea and most other countries. France enjoys a high reputation internationally for its perfumes and cosmetics, Italy is world-renowned for its clothing and shoes, and Germany is world-famous for its precision manufacturing of industrial equipment. Based on this, many Chinese companies hope to catch up with the popularity of these countries, which will be more conducive to product sales domestically. Therefore, many companies hope to register and protect trademarks in these countries and regions, or to purchase local brands to promote their products. It is an internationally renowned brand with a certain national origin.
Europe is a region with a very sound and complete trademark legal system, and its trademark law reform and practice have always been at the forefront of the world. At present, most countries in Europe have canceled the review of relative grounds, that is, the review of prior trademark rights, and have instead left it to the trademark owner to decide whether to file an objection or other opposition measures during the announcement period based on the judgment of his or her own interests.
2. Asia
The legal systems of most countries in Asia are based on the trademark laws of civil law countries, mainly France and Germany. The main representatives are Japan, South Korea, and China. wait. Southeast Asian countries such as Singapore, India, the Philippines, Pakistan, Malaysia, and Brunei are deeply influenced by the legal systems of the United Kingdom and the United States, and pay more attention to the prior use rights of trademarks.
Due to the influence of its own religion, the Middle East (West Asia) has its own trademark legal system, but the general content is closer to the civil law system, and the trademark protection principles, review rules and protection methods are very similar. When registering trademarks in this region, many countries require notarization and certification procedures for documents. Some countries and regions also need to provide business licenses and other supporting documents for commercial operations, which require high format and timeliness of documents.
3. America
The Americas are mainly divided into North America, Central America and South America. There are three countries in North America: the United States, Canada, and Mexico. The two countries, the United States and Canada, have many similarities and some differences. Both countries need to inform the specific filing basis for trademark applications, such as actual use, intended use, or based on domestic registration. At the same time, the requirements for describing goods and services are very strict, and examiners have relatively large discretion, so it is easy to issue examination opinions based on various simple issues.
Furthermore, these two countries do not have a written classification list of acceptable goods and services, but only publish some acceptable descriptions of goods and services on their official websites, making it very difficult for applicants to grasp the descriptions of goods and services. . According to incomplete statistics, 85% of trademark applications in the United States are subject to examination opinions and require defense due to irregular product descriptions or irregular trademark descriptions. The difference is that Canadian trademark applications only distinguish between goods and services. After registration in the United States, a trademark use statement must be submitted to maintain trademark validity.
Central America is mainly composed of the "Seven Isthmian Countries", namely Honduras, Nicaragua, El Salvador, Guatemala, Costa Rica, Belize and Panama. The first four countries have not established diplomatic relations with China due to the Taiwan issue, so it is relatively difficult to register international trademarks. The trademark system is closer to the civil law system.
Except for Brazil, most of the other countries in South America are Spanish-speaking countries, that is, former Spanish colonies. Therefore, it can be seen that the trademark legal systems of these countries and regions are more or less influenced by Spain. An important feature of this region is the adoption of a pre-announcement system for trademarks, that is, application, announcement, review, and registration. This system is different from many countries in the world. In addition, there is a relatively large regional organization in the region, the Andean Group. The member countries of the organization are developing countries in the Andes region of South America. Currently, the member countries are Ecuador, Peru, Colombia, and Bolivia. As for the trademark system, the biggest feature of the Andean Group is that anyone can object to a later-filed trademark in another member country based on an earlier application or registered trademark in any member country. At the same time, the use of the trademark in any member country is deemed to be in Trademark use in other countries.
4. Oceania
Oceania is mainly composed of Australia and New Zealand. The trademark legal systems of these two countries are deeply influenced by the United Kingdom. They pay attention to the prior use rights of trademarks and compare procedural laws. value. The area is famous for its pastures and dairy cows, so many well-known domestic milk powder manufacturers have registered trademarks here to promote that their products have the same quality as local products or are sourced locally.
5. Africa
There are two main regional organizations in Africa. One is the African Intellectual Property Organization, which is an intellectual property organization composed of 16 former British colonial countries and regions; the other is the African Intellectual Property Organization. One is the African Industrial Property Organization, an industrial property organization composed of 16 former French colonial countries and regions. Both organizations have their own characteristics, which are not listed here. Many countries in the African region have imperfect trademark legal systems and trademark review is extremely slow. Although some countries have joined the Madrid System, the effectiveness of trademarks designated in these countries is questionable.
The above is a brief overview based on the division of regions, and a lot of information needs to be further elaborated. I hope this will help you understand the current overview of trademark registration in various regions around the world.