Nowadays, many foreigners apply for trademark registration. What are the procedures for foreigners to apply for trademark registration? What should foreigners do when registering a trademark? The editor has brought it to you? Foreign You may have the knowledge you need to register a trademark. How foreigners can register a trademark in China

Foreigners can apply for trademark registration in China.

There are two methods for foreigners or foreign-owned enterprises (excluding joint ventures) to register trademarks in China:

Extend registration from their own country to China through the Madrid Agreement.

To register a trademark directly in China, foreigners or foreign enterprises must go through a Chinese agency.

The registration procedures are roughly the same as domestic registration, but the power of attorney must be filled in a special form in both Chinese and English. The application form also uses the foreign version of the "Application for Trademark Registration". The applicant's certification document can be a foreign identity. Certificate or passport; agency fees vary.

Note: Natural persons or enterprises from Hong Kong, Macau, and Taiwan must register trademarks in mainland China in accordance with the procedures for foreigners or foreign enterprises. Principles for foreigners’ trademark registration applications

(1) If a trademark reciprocity agreement has been reached between the applicant’s country and China, it shall be handled in accordance with a bilateral treaty

The trademark reciprocity agreement refers to the The mutual trademark registration agreement reached between China and my country through signing or exchange of letters. In addition to special trademark reciprocity agreements, my country's friendly trade or trade agreements with some countries often include the principle of reciprocity in trademark registration and relevant trademark registration terms. According to the provisions of bilateral treaties, applicants are usually granted "national treatment". Our country's trademark administration authorities shall handle trademark registration applications from citizens and enterprises of countries that have signed reciprocal trademark agreements with our country in accordance with the provisions of the agreement. After my country joined the Paris Convention for the Protection of Industrial Property, the Madrid Agreement on the International Registration of Marks and the Protocol Relevant to the Madrid Agreement on the International Registration of Marks, bilateral agreements only apply to countries that have not joined these three international treaties.

(2) Handle according to the international treaties that the applicant’s country and our country have both joined

At present, among the international treaties on trademarks, our country has joined four Three: namely the "World Intellectual Property Organization Convention" (joined on March 3, 1980), the "Paris Convention for the Protection of Industrial Property" (joined on March 19, 1985), the "Madrid Agreement on the International Registration of Marks" (October 4, 1989) (Accession on December 1, 1995) and the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Accession on December 1, 1995). Our country has no obligation to comply with international treaties that our country has not joined. Only international treaties that both parties have jointly participated in have our country's obligation to abide by them.

Especially the Paris Convention for the Protection of Industrial Property. According to the provisions of the Paris Convention, any member state should grant national treatment to nationals of other member states in terms of trademark registration. Therefore, nationals of all member states of the Paris Convention can enjoy national treatment for trademark registration in our country. The conditions, application procedures, steps, etc. enjoy the same treatment as Chinese nationals.

(3) Handled according to the principle of reciprocity.

The principle of reciprocity is a principle often used in dealing with relations between countries. Its basic meaning is: when dealing with international political and economic relations, I will treat you the same way you treat me. Treat you the same way. Applying the principle of reciprocity to foreign-related trademark registration requires both parties to handle trademark registration applications from citizens or enterprises of the other country in the same manner. For example, if the country where a foreign trademark applicant belongs requires the submission of a domestic registration certificate or a reciprocal agreement certificate for the registration application of a Chinese trademark in that country, the trademark applicant in that country must also submit the above certificates to the Chinese trademark authority; the foreign trademark applicant If the country of origin requires us to authenticate and notarize the trademark application documents, our country will also handle it based on the principle of reciprocity, and vice versa.

Things to note when applying for trademark registration by foreigners

(1) If the trademark application passes the formal examination, it will enter the substantive examination process; if it does not meet the formal examination, the Trademark Office will send a correction notice to the agent or applicant or make a decision. The acceptance notice will basically be accepted and the application date and application number will be retained. After passing the supplements and corrections, the application will enter the substantive review process.

(2) After the trademark application passes the substantive examination, it will enter the preliminary examination and announcement process; if it fails to pass the substantive examination, the Trademark Office will reject the trademark application or require amendment. After the amendment is passed, it will enter the preliminary examination and announcement.

(3) Within three months from the date of preliminary examination and announcement of the trademark, if no one raises an objection or the objection is ruled to be untenable, the trademark will enter the approval registration announcement process and certification process; if the objection is ruled to be established, the trademark will be The Trademark Office will reject the trademark application. How do foreigners check whether a trademark is registered online

1. The method of searching for a trademark is relatively complicated. Today we will introduce the basic steps of online searching. At the same time, we can also entrust the query through a trademark office.

2. First, we enter the China Trademark Network. The official provides four services: trademark similarity query, trademark comprehensive query, trademark status query, and error message feedback.

3. We click to enter the comprehensive trademark query: users can query relevant information about a certain trademark by trademark number, trademark, applicant name, etc.

4. It provides 5 query methods: international classification number, registration number, trademark name, applicant name (Chinese and English). For querying whether to register, we only need to use? Product name? Just come.

5. Let's search for "Baidu" as an example. Enter Baidu in the trademark name, and then click Query

6. If there are results in the query, it means that the trademark has been registered. Then you can only change a trademark.

7. If the query is found? Sorry! No results were found?, then congratulations, the trademark has not been registered yet, hurry up and register it.

Trademark registration for foreigners