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What does late designation mean in international trademark application?
late designation usually means that after a trademark has obtained international registration, the trademark registrant designates the relevant contracting party to give trademark protection for the same trademark application. For example, in May 22, a company obtained the international registration of trademarks in the International Bureau of the World Intellectual Property Organization, and the application for registration specified that Party A should protect the applied trademarks. Later, because the registrant's products were exported to many countries, including the contracting parties and C. In this way, it is necessary for its internationally registered trademark to be protected in Party B and Party C.. Therefore, in December of the following year, the registrant filed an application for the same trademark and designated Party B and Party C to protect it. This designation is often referred to as "late designation". In nature, the application for later designation is equivalent to the application for international registration of trademarks, and its purpose is also that the applicant expects his trademark to be protected in the designated contracting party in the later designation application.

the qualifications of the applicant designated in the later period, the basic registration in China and the relationship between the basic application and the contracting party designated in the later period are basically the same as the application for international registration of trademarks; But the scope of goods or services and their categories can be different. Difference here refers to narrowing the scope of goods or services, or reducing categories.

The registrant of China's international trademark registration applies for late designation related to the Madrid Agreement; An application in French and an application in Chinese shall be filled out, and an application for legal communication shall be submitted to the International Bureau through the Trademark Office. To apply for late designation related to the Madrid Protocol, the applicant may submit an application to the International Bureau through the Trademark Office or directly to the International Bureau. If you submit an application to the International Bureau through the Trademark Office, you should fill in and submit an application in English or French and an application in Chinese. If you submit an application directly to the International Bureau, you only need to fill in and submit an application in a foreign language. Whether submitting an application to the International Bureau through the Trademark Office or not, the applicant can decide whether to entrust an agent according to his own wishes.

The English application form specified in the later period is "MM4(E)" and the French application form is "MM4F(F)".

Applicants can download it from the website of the International Bureau. The later designated Chinese application form is provided by the Trademark Office.

after receiving the application for later designation, the Trademark Office will conduct formal examination, but not substantive examination. Its review procedure is basically the same as the review of territorial extension applications (including the review of fees). After the examination, the Trademark Office will send the application to the International Bureau.

After receiving the application for late designation, the International Bureau shall conduct formal examination on it, register it in the register and make an announcement. In addition, the international bureau sends the application for late designation to the competent authority of the contracting party that has been designated later.

since the application for late designation is equivalent to the application for international registration protection of trademarks, it is decided that the competent authority of the contracting party designated later will conduct substantive examination of the application for late designation according to the laws of that contracting party. The review procedure is basically the same as the review of territorial extension applications. After examination, it is considered to be in compliance with the law, and protection is granted. As the International Bureau announces the application for later designation, the contracting party designated later may no longer announce the trademark granted protection. Even if the trademark is announced, the applicant is not obliged to pay the announcement fee. Other institutions have no right to require the applicant to announce its trademark in the later designated contracting party. If, after examination, it is considered that the application for late designation does not conform to the legal provisions, the competent authority of the late designated contracting party shall reject the application and notify the International Bureau in writing. The time limit for rejection depends on the situation that the later designated party is bound by the Madrid Agreement or the Madrid Protocol. The date of rejection begins with the notification date on the later designated application. After receiving the notice of rejection, the International Bureau shall send it to the applicant or his agent. If the applicant refuses to accept the rejection, he may, within the legal period specified in the notice of rejection, apply to the reexamination organ of the later designated contracting party for reexamination, or bring a lawsuit to the judicial organ. To apply for review or prosecution, it is generally necessary to entrust an agent.