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International trademark registration process (including precautions)

Introduction to International Trademark Registration - 1. Enterprises applying for international trademarks can apply through the Trademark Office in accordance with the Madrid Agreement on the International Registration of Trademarks (hereinafter referred to as the "Agreement") and the Madrid Agreement on the International Registration of Trademarks

1. International trademark application

Enterprises can apply through the Trademark Office in accordance with the Madrid Agreement on the International Registration of Marks (hereinafter referred to as the "Agreement") and the Protocol Relevant to the Madrid Agreement on the International Registration of Marks (hereinafter referred to as the "Protocol"). 》) Apply for international trademark registration and apply for protection in one country, multiple countries or all member countries according to your own needs. To apply for international registration, you can go directly to the Trademark Office or by mail, or you can entrust an agency to apply. However, applications for later designation, transfer, deletion, abandonment, and cancellation of international trademark registrations related to member states of the Madrid Agreement must be handled through the Trademark Office.

To apply for international trademark registration, you must first obtain preliminary approval of trademark registration or the application has been accepted, and meet one of the following conditions: 1. Have a real and effective industrial and commercial business place. 2. Have a residence. 3. Have nationality.

Filling in the application form and matters needing attention: (1) Filling out the "Application Form for International Registration of Trademarks" 1. Applicant's name: If the applicant is a natural person, the surname and first name should be written; the applicant is a legal person , the full Chinese name and pinyin should be stated (if a foreign translation is used instead of pinyin, the translated name should be registered directly). 2. Applicant’s detailed address: including correspondence address, house number, postal code, telephone number, and fax. 3. Trademark application date, application number, trademark registration date, and registration number. 4. If the applicant specifies the United Kingdom in the application, it will be deemed that it has declared its intention to use the trademark in the United Kingdom.

Notes: 1. Application for international registration of a trademark refers to application to the International Bureau in accordance with an agreement or protocol. International registration of a trademark should designate at least one contracting party, but no designation is allowed. 2. If you apply for international registration on the basis of trademark registration or preliminary examination, you can designate any contracting party to the agreement or protocol. 3. If you apply for international registration of a trademark based on domestically accepted trademark applications, you can only designate pure protocol parties. 4. The applicant for international trademark registration must have the same name as the domestic trademark registrant. 5. The trademark pattern applied for international registration must be exactly the same as the trademark pattern applied for domestic registration, and the size is between 2?2cm--8?8cm. If the trademark is in color, text should be used to indicate the colors and combinations of the trademark. 6. The goods or services reported in the application shall not exceed the scope of goods or services applied for registration in China, and shall be arranged in the order of categories of the "International Classification of Goods and Services for Trademark Registration". 7. An application for international registration can include multiple categories, but if there are more than three categories, additional registration fees are required. 8. If the trademark or part of it is composed of non-Latin letters, non-Arabic numerals or non-Roman numerals, its transliteration should be indicated. The transliteration should comply with the pronunciation rules of the language used in the application, and the corresponding translation should be indicated. 9. When nominating at least one pure protocol party, the applicant can choose French or English as the language for future submissions, otherwise it can only use French.

Relevant documents should be attached: 1. Provide a copy of the "Trademark Registration Certificate", or a copy of the "Preliminary Approval Announcement", or a "Trademark Application Acceptance Certificate" issued by the Trademark Office. 2. If priority is claimed, a priority certificate should be attached. 3. "Agent's Letter of Attorney". 4. 2 copies of the trademark pattern, no larger than 8?8cm and no smaller than 2?2cm. 5. Foreign nationals who do not have a real and valid industrial and commercial business place or domicile should attach a notarized certificate of nationality.

(2) Application for trademark registration on a country-by-country basis. Country-by-country registration means that an enterprise applies for trademark registration in a foreign country or region through an agent or distributor or other means. Generally speaking, Chinese enterprises can register one by one in countries that are members of the Paris Convention or countries that have signed reciprocal trademark registration agreements with my country.

Trademark registration applications in the following countries must be carried out on a country-by-country basis: Japan, Thailand, Myanmar, India, Cambodia, Afghanistan, Malaysia, Indonesia, Philippines, Singapore, the United States, Canada, Australia, New Zealand, Argentina, Brazil, Kuwait, Lebanon, Laos, Jordan, Mexico, Colombia, Chile, Iran, United Arab Emirates, South Africa, etc.

II. Paths and comparisons of international registration of trademarks

(1) "Madrid Agreement on the International Registration of Trademarks" and "Protocol Relevant to the Madrid Agreement on the International Registration of Trademarks" (hereinafter referred to as "Madrid Registration") The Madrid Agreement on the International Registration of Trademarks was signed in Madrid, the capital of Spain, on April 14, 1892. It came into effect in 1892 and has a history of more than 100 years. The existing members of the agreement are Albania, Armenia, Austria, Azerbaijan, Bosnia and Herzegovina, Bulgaria, Belgium, the Netherlands, Luxembourg, Belarus, Switzerland, Cuba, the Czech Republic, Germany, Algeria, Egypt, Spain, France, Croatia, Hungary, Italy, Kyrgyzstan, the Democratic People's Republic of Korea, Kazakhstan, Liechtenstein, Liberia, Latvia, Morocco, Monaco, the Democratic People's Republic of Moldova, the former Yugoslav Republic of Macedonia, Mongolia, Poland, Portugal, Romania, Russian Federation, Sudan, Slovenia, Slovakia, San Marino, Tajikistan, Ukraine, Uzbekistan, Vietnam, Yugoslavia, Sierra Leone, Kenya, Swaziland, Mozambique, Lesotho. Required language: French On June 27, 1989, the Protocol Relevant to the Madrid Agreement for the International Registration of Trademarks was signed in Madrid, Spain, stipulating that applicants can choose to use English or French. Pure Protocol Parties: United Kingdom, Denmark, Finland, Norway, Sweden, Lithuania, Iceland, Georgia, Estonia, Turkey, Turkmenistan, Japan, Antigua and Barbuda, Greece, Singapore, Australia. Applying for registration to member states of the Madrid Agreement and Protocol through the International Bureau of the World Intellectual Property Organization is a simple, convenient and cost-effective procedure. Applicants can submit an application for a trademark, pay a fee based on the number of countries, and designate countries for trademark protection within the member states of the Madrid Agreement and Protocol. Each member country of Madrid has its own trademark system. Applicants who wish to obtain protection in the member countries of the Madrid Union can obtain protection through Madrid international registration, or they can apply for registration in each member country one by one to obtain protection.

Registration procedures: 1. The application date for international trademark registration shall be the date when the Trademark Office receives the application documents. If the application procedures are complete and the application documents are filled in in accordance with the regulations, an application number will be assigned, and the Trademark Office will send the application documents (in English or French) to the International Bureau within thirty days; 2. The International Bureau receives the international registration of the trademark transferred from the Trademark Office After application, if it is deemed that the procedures are complete and the categories and names of goods and services are filled in correctly, it will be registered; if it is deemed that the procedures are not complete, the registration will be suspended and the Trademark Office will be notified. The Trademark Office will notify the applicant or agent to complete the procedures within 15 days after receiving the notice from the International Bureau; 3. After the international registration of the trademark, the International Bureau will make an announcement. Each protection country designated when applying for international trademark registration will decide whether to grant protection according to their respective national laws, and must declare the rejection to the International Bureau. The Agreement stipulates that the time limit for declaration of rejection is at most one year. That is to say, if an application for designated protection is not rejected within the one-year time limit, the application will automatically be protected (according to the provisions of the Protocol, member states may, if necessary, The time limit for refusal is extended to 18 months); 4. The International Bureau will send the registration documents directly to the applicant. If the applicant has appointed an agent, it will be sent to the agent. Remedy: If the trademark owner or his agent is not satisfied after receiving a copy of the rejection from a member country, he can register a trademark according to the precautions of the rejecting country