We know that if domestic brands want to enter the international market, they will generally register their trademarks in developing countries. However, what conditions need to be met for international trademark registration? What should you pay attention to when registering an international trademark?

International trademark registration conditions

International trademark registration is the main way to obtain trademark rights. When registering, the international trademark registration conditions will be based on the country's "Trademark Law" and "International Conventions and Agreements" The prescribed conditions review the application submitted by the registrant. These legal conditions are the necessary conditions for a trademark to be approved for registration, which are called international trademark registration conditions. International trademark registration conditions are an important part of trademark review.

1. The following situations are considered not to have distinctive features in most countries:

1. The trademark uses a common product name or graphic in the industry. For example, if "cow" is used as a trademark for milk powder, since cow is a common product image in this industry, the trademark does not have distinctive features and cannot be registered.

2. The trademark adopts a geographical name. According to international practice, many countries and regions prohibit the use of geographical names as trademarks because geographical names cannot distinguish different producers and operators of goods.

3. The trademark only consists of words and graphics indicating the quality of the product, main raw materials, or functions, uses and other characteristics. Such as "cashmere" plush, "gold" pens, etc. The use of such trademarks will cause the goods to be confused with other similar goods.

4. The trademark consists of simple Arabic numerals. Using Arabic numerals as a trademark makes it difficult to identify, and it can also cause misunderstandings when used on certain products. For example, the trademark used for shoes can be easily confused with the size. Most countries stipulate that digital trademarks are not allowed to be registered. For example, the "555" brand battery produced in Guangzhou failed to be approved when it was applied for registration in countries such as Pakistan and Kenya.

2. Countries have different standards for examining the distinctive features of trademarks.

Japan’s Trademark Law and China’s Trademark Law have roughly the same provisions on distinctive features, but require that trademarks must use one or more designated colors.

The provisions of the French Trademark Law are relatively loose. All marks that can be used to identify products, items or services such as surnames, aliases, place names, labels, emblems, branding, stamps, stamps, illustrations, borders, Pictures, reliefs, letters, numbers, inscriptions, etc. can be used as industrial, commercial or service trademarks.

The United Kingdom and the United States implement a two-part trademark registration system. Trademarks registered in Part A (Main Register) have stricter requirements than trademarks registered in Part B (Deputy Register).

The British Trademark Law stipulates that any application for registration as a trademark in Part A must meet at least one of the following conditions:

1. The company, trade name, name or personal name must be unique

2. The applicant’s own or company’s signature style;

3. One or several original words;

4. One or several words that are not directly related to the characteristics or quality of the product, but must not be geographical names or surnames;

5. Other distinctive features.

3. Notes on international trademark registration:

1. The applicant must have certain subject qualifications

The applicant should have a real and effective industrial and commercial business in my country If not, the applicant should have a residence in my country; if there is no residence, the applicant should have Chinese nationality. Nationals who are not members of the "Madrid Union" and have joint ventures or wholly-owned enterprises in my country can apply for international registration through the Trademark Office. What are the benefits of overseas trademark registration? In addition, legal persons or natural persons in Taiwan Province can apply for international registration through the Trademark Office. However, legal persons or natural persons in the Hong Kong and Macao Special Administrative Regions cannot yet 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

Since September 1, 2008, the country designated by the applicant for protection is purely " If a member of the "Madrid Agreement", the trademark applying for international registration must have been registered in my country; the country designated by the applicant for protection is a pure member of the "Madrid Protocol", or a member of both the "Madrid Agreement" and the "Madrid Protocol" In China, the trademark applying for international registration can be a trademark that has applied for registration in my country, or it can be a registered trademark.

3. The 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 completely consistent with the name of the domestic applicant or registrant; The address should be exactly the same as that of the domestic applicant or registrant; the trademark should be exactly the same as the domestically registered trademark, including the color; 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. On the book.

4. Those who meet certain conditions can claim priority

When the applicant applies for international registration, if the time interval between the application for international registration and the domestic trademark registration application is not more than six months, then When submitting an application for international registration, the applicant may request priority, but must provide a copy of the domestic "Notification of Acceptance".

5. Applications for international registration that are not accepted

Any application that does not comply with Article 6-1, 2, 3 or any of the above, the Trademark Office will not accept the application for international registration of the trademark.

6. After the validity period of the international registration expires, if you want to continue to use it, you should renew the registration.

The above are the relevant conditions and requirements that need to be met for international trademark registration. If you want to register internationally, you must first understand the requirements for trademarks in the country where you will register to avoid wasting energy and money. .

The above is all the conditions for international trademark registration. I hope it will be helpful to you. Trademark Registration Conditions International Trademark Registration