Can I apply for a Japanese trademark? What is the process for registering a Japanese trademark? The editor will share with you the compiled Japanese trademark registration process for reference only!
Foreign-related matters How to apply for trademark registration?
There are two ways to apply for foreign-related trademark registration: one is to register on a country-by-country basis, that is, apply to the trademark authorities of each country for registration; the other is to register an international trademark in Madrid, that is, according to the "Trademark" Trademark registrations between member states of the Madrid Union are carried out in accordance with the provisions of the Madrid Agreement on the International Registration of Marks (hereinafter referred to as the Madrid Agreement) or the Protocol Concerning the Madrid Agreement on the International Registration of Marks (hereinafter referred to as the Madrid Protocol). What we usually call trademark international trademark registration refers to Madrid trademark international trademark registration. The Madrid Union refers to a special alliance for international trademark registration composed of countries or intergovernmental organizations to which the Madrid Agreement and the Madrid Protocol apply. As of October 23, 2003, the Madrid Union *** has 74 member states (or contracting parties). They are: When did the country join the Madrid Agreement? When did the country join the Madrid Protocol? When did the country join the Madrid Agreement? When did the country join the Madrid Protocol? It is the abbreviation of the Triple Alliance of Belgium, the Netherlands and Luxembourg. It is actually three members of the Madrid Union. However, when the applicant designates these three countries for protection, it is still treated as one country and the relevant fees are paid as one country.
What are the procedures for foreign-related trademark registration?
Approaches
There are two ways to apply for Madrid trademark international trademark registration:
( 1) Entrust a nationally recognized trademark agency to handle the matter.
(2) The applicant shall go directly to the Trademark Office to apply.
Processing steps
(1) If entrusting a trademark agency to handle the matter, the applicant can voluntarily choose any nationally recognized trademark agency to handle the matter. All trademark agencies registered with the Trademark Office are published in the "Agency" column.
(2) If the applicant goes directly to the Trademark Office, the applicant can follow the following steps:
Prepare the application documents and submit the application documents to the International Trademark Registration Office of the Trademark Office. Pay the registration fee in accordance with the "Charge Notice"
Preparation of application documents
1. Application documents to be submitted
(1) Fill in and add Application form for international trademark registration in Chinese with official seal;
(2) Application form for international trademark registration in foreign language with official seal or signature;
(3) Domestic Trademark Registration Certificate 》Copy, or copy of the "Notice of Acceptance";
(4) Two copies of the trademark drawings. If it is a color trademark, two color trademark drawings must be attached;
(5) If a trademark agency is entrusted to handle the matter, a trademark agency power of attorney should also be submitted.
2. Specific requirements for filling in the international trademark registration application
(1) The country of origin of the trademark applicant: The country of origin of the trademark applicant refers to China. If the country designated by the applicant for protection is a member of the Madrid Agreement, the three situations available to the applicant in this item should be selected in order, that is, the applicant first evaluates whether it meets the first situation. If so, it should be the first choice. If the first one doesn't fit, then choose the second one. If the second one doesn't fit either, then choose the third one. If all three are consistent or two are consistent, the first one should be chosen. If the country designated by the applicant for protection is a member of the Madrid Protocol, the applicant only needs to meet one of these three situations.
(2) Applicant name:
If the applicant is a legal person, the full name should be filled in; if the applicant is a natural person, the full name should be filled in. In addition, if the legal person has an official name in English or French, it should be filled in together with the Chinese name and stamped with the applicant's seal (the legal person should stamp the enterprise or company seal).
(3)Applicant address: You can fill in the requirements in brackets.
(4) Agent name:
Applicants can fill in the form according to the actual situation; if applying directly, leave this column blank.
(5)Agent’s address:
The filling method is the same as the applicant’s address.
(6) Domestic trademark application and registration:
This refers to trademark application and registration in my country, not international trademark registration.
If the applicant files an application for international trademark registration for the same trademark in different categories, the applicant should fill in the application date, application number or/and registration date and registration number of each category one by one in the order of categories.
(7) Priority:
If the applicant requests priority, the date and application number of the first application should be indicated.
(8) Trademark:
The applicant is required to affix the trademark pattern, and the size of the trademark should be in accordance with the requirements of the application.
(9) Request for color protection:
If the applicant requires color protection, it should indicate which colors and which parts of the color require protection.
(10) Trademark transliteration:
Just fill in the standard Chinese pinyin of the trademark here.
(11) Selection of receiving language:
Put a mark in the box to the left of the selected language here.
(12) Goods and services:
This refers to goods and services, which should be filled in according to the categories of goods and services listed in the "International Classification of Goods and Services for Trademark Registration" Fill in order. For example: Category 1, ethanol, industrial alcohol; Category 5, aspirin, baby food; Category 9, audio, picture tubes; when filling in, the ninth category should not be ranked before the fifth category, or the fifth category should be ranked Before the first category.
(13) The contracting party designated for protection:
The applicant puts a mark in the box to the left of the country he wants to protect. For example, the country designated by the applicant for protection is Germany, For France and Italy, applicants only need to check the boxes on the left side of these three countries.
(14) Payment method for this application:
Tick the box to the left of the selected payment method.
Pay the fees
After receiving the completed application documents, the Trademark Office will register the application date, assign the application number, calculate the fees required by the applicant, and report it to the applicant. Issue a "Charge Notice". After receiving the "Charge Notice", the applicant should pay the amount as soon as possible. The Trademark Office will submit the application to the International Bureau only after receiving sufficient remittance. If the Trademark Office has not received the remittance after two months, the application documents and other attachments will be returned to the applicant, and the application date and application number will no longer be retained.
If a trademark agency is entrusted to handle the matter, in addition to paying a certain amount of international trademark registration fees, the applicant should also pay agency fees to the trademark agency.
Receive the "Trademark Registration Certificate"
After the International Bureau receives the international trademark registration application that complies with the "Madrid Agreement on the International Registration of Trademarks and the Protocols thereto", That is, it is registered in the International Trademark Register, and a "Trademark Registration Certificate" is issued to the trademark registration applicant. The "Trademark Registration Certificate" is sent directly to the International Trademark Registration Office of the Trademark Office, and is forwarded to the applicant by the International Office of the Trademark Office. or trademark agency. It should be noted that the applicant must fill in the address clearly (the mailing address can be added). If the applicant's address changes, the change should be made in time.
How to handle various changes after registration
According to the Madrid Agreement and the Madrid Protocol, international trademark registrants can handle the following related matters after registration:
1. Apply for territorial extension to one or more countries for all or part of the goods and services.
2. Transfer or complete transfer of all or part of the goods and services or to all or part of the country.
3. Cancellation of international trademark registration.
4. Give up protection in the relevant country.
5. Delete goods and services.
6. Change the name, address, etc. of the registrant.
The procedures for handling these matters are basically the same as applying for international trademark registration, and corresponding fees should be paid according to regulations.
Application for Trademark Opposition
According to the relevant provisions of my country’s Trademark Law, international trademark registrations that require extension to my country for protection shall be subject to the publication of the International Trademark Announcement. Anyone can object to it within 3 months from January 1st. If the opposition applicant is a domestic corporate legal person or natural person, the opposition application can be mailed directly or through a trademark agency or delivered to the International Trademark Registration Office of the Trademark Office. If the opposition applicant is a foreign enterprise or natural person, it must be handled through a trademark agency.
If an objection is raised against an international trademark registration, the applicant may respond within 30 days from the date of receipt of the notice. If the opposition applicant is a domestic corporate legal person or natural person, the opposition application can be mailed directly or through a trademark agency or delivered to the International Trademark Registration Office of the Trademark Office. If the opposition applicant is a foreign enterprise or natural person, it must be handled through a trademark agency.
The Trademark Office will make a ruling based on the facts and reasons stated by both parties. If both parties to the objection are dissatisfied with the Trademark Office's objection ruling, they can submit an objection review application to the Trademark Review and Adjudication Board within 15 days of receiving the notice of objection decision, and the Trademark Review and Adjudication Board will make a final ruling.
What should you pay attention to when registering a foreign-related trademark?
1. The applicant must have certain subject qualifications. The applicant should have a real and effective industrial and commercial business office in my country; if not, he should have a residence in my country; if he does not have a residence, the applicant should have Chinese nationality. Nationals of non-Madrid Union member states who have joint ventures or wholly-owned enterprises in my country can apply for international trademark registration through the Trademark Office. In addition, legal persons or natural persons in Taiwan Province can apply for international trademark registration through the Trademark Office.
2. The trademark applying for international trademark registration must have started certain trademark registration application procedures in my country. If the country designated by the applicant for protection is a member of the Madrid Protocol, the trademark applied for international trademark registration must have been registered in my country; if the country designated by the applicant for protection is a member of the Madrid Protocol, the trademark applied for international trademark registration It can be a trademark that has applied for registration in my country, or it can be a trademark that has been registered or applied for registration.
3. The application for international trademark registration should be consistent with the content of the national basic registration or basic application. The name of the applicant for international trademark registration should be exactly the same as the name of the domestic applicant or registrant; the trademark should be exactly the same as the domestically registered trademark; the reported goods and services should be the same as the domestically registered goods and services or no more than those in the domestic application. or the 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 trademark registration, you can submit an international trademark registration application and fill in the international trademark registration application in the order of categories of goods or services reported domestically. on the trademark registration application form.
4. Those who meet certain conditions can claim priority. When the applicant applies for international trademark registration, if the time interval between the application for international trademark registration and the domestic application for trademark registration is not more than six months, the applicant can claim priority when applying for international trademark registration, but must provide the domestic "Notice of Acceptance" a copy.
5. International trademark registration applications that are not accepted
Any application that does not comply with the "Madrid Agreement on the International Registration of Trademarks and its Protocol *** Agreement Implementing Rules" Article 6-1. 2, 3 or any one of them, the Trademark Office will not accept the application for international trademark registration of the trademark.
6. After the validity period of international trademark registration expires, if you want to continue to use it, you should renew the registration.
What to pay attention to during trademark review
Trademark review refers to a reexamination request made by the Trademark Review and Adjudication Board in response to the party's dissatisfaction with the Trademark Office's decision on trademark-related matters. Legal procedures for review.
First, the types of trademark review:
1. Review where the party is dissatisfied with the Trademark Office’s rejection of the trademark registration application;
2. The party’s rejection by the Trademark Office Review of an application for transfer of a registered trademark that is dissatisfied;
3. An application by a party that is dissatisfied with the Trademark Office’s rejection of an application for renewal of a registered trademark;
4. Review by a party that is dissatisfied with the objection ruling of the Trademark Office;
5. Review of the party’s objection to the cancellation of the registered trademark by the Trademark Office;
6. Review of the party’s objection to the cancellation of the registered trademark by the Trademark Office;
Second , Reexamination time
The applicant may request a reexamination from the Trademark Review and Adjudication Board within fifteen days from the date of receipt of the rejection notice, ruling notice or revocation notice. If there are special reasons, you can apply for an extension before expiration. The extension time is thirty days, but you need to pay an extension request fee.
Third, documents and materials that need to be provided:
1. "Trademark Agency Power of Attorney": If you entrust a trademark agency to act as an agent, you must provide an authorization stamped with the applicant's seal. Book. Applicants from outside mainland China who want to apply for trademark review in China must entrust a trademark agency to do so.
2. Various types of reexamination applications: If you entrust an agency to apply for trademark review, the agency will prepare it.
3. Reasons and evidentiary materials
IV. Decision on review
The Trademark Review and Adjudication Board will decide whether to approve registration or deny registration upon review of rejection or objection. The final decision on registration shall be made and the relevant parties shall be notified in writing.
The Trademark Review and Adjudication Board will make a final decision to maintain or revoke the trademark for other reviews and notify the relevant parties in writing.
The above is the Japanese trademark registration process provided by the editor. I hope it will be helpful to everyone.
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