On December 20, 1993, the European Union Conference passed the "European Common Trademark Regulations", referred to as CMTR. EU countries such as the UK, Germany, France, Italy, and Spain have begun to implement a trademark system that is used in all EU countries (as of July 1, 2013, the EU has expanded to 28 countries). The European Union Trademark Office began accepting EU trademark applications on January 1, 1996. The EU trademark protection period is ten years and can be renewed. The protection period for each renewal is ten years. Applicants for EU trademarks are not limited to nationals of EU member states. Nationals of other member states of the Paris Convention and the World Intellectual Property Organization can also apply.
EU trademark features: 1. Low cost. You only need to apply for registration once and you can use the trademark in the twenty-seven member states of the European Union. Compared with filing separate applications in each member state, the cost is significantly reduced;
2. Centralization of protection procedures. A trademark registration can obtain protection from 27 EU member states, and rulings on trademark cases will be implemented in all EU countries;
3. A registered trademark can only be used in one EU country. The use of a trademark in any EU country is sufficient to counter an application for cancellation on the grounds of non-use of the trademark;
4. Enjoy Paris Convention priority. If the same trademark is used for one or more designated goods or services, it will enjoy priority when applying for a homogeneous trademark 6 months after the application in a member state of the Paris Convention;
5. Already registered in a For registered trademarks published by EU member states, priority can be requested when applying for an EU trademark.
Not only traditional trademarks such as words and logos can be registered, but new trademarks such as sounds, smells, product appearances and structures can also be registered; a trademark application can cover up to 3 categories of goods or services, and more than 3 categories, additional fees must be added for each category.
EU countries covered: 28 countries of the European Union: the United Kingdom, Germany, France, Italy, Belgium, Luxembourg, Denmark, Sweden, Spain, Portugal, Finland, Greece, Austria, the Netherlands, Ireland, Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia, Romania, Bulgaria, Croatia.
Registration procedures: ①. Submit an application to the European Office for Harmonization in the Internal Market. The authority will accept the trademark application that is deemed to meet the conditions and give the application date and application number;
②. After acceptance, the authorities will conduct a prior trademark search and submit the application to each member state for prior trademark search. Each member state will submit the search report to the Office for Harmonization of the Internal Market within 3 months;
③ .After the authorities receive the search reports from each member country, they are provided to the applicant for reference together with the search reports of this Office;
④.The authorities do not conduct a substantive examination of the applied trademark. If the application is initially accepted for registration, it will be announced. The opposition period is 3 months from the date of announcement. Any natural person or legal person in the 25 member states has the right to object to the trademark. If there is no objection or the objection is not established, the trademark will be registered;
⑤. If the applicant applies If a registered trademark is rejected (including the rejection of a homologous trademark application due to objections raised by someone in a member state), the applicant can convert the EU trademark into a separate trademark application in one or several countries within three months. The original filing date and priority date are also eligible.
⑥. If the applicant’s trademark application for registration is rejected and the applicant is dissatisfied, he may apply to the European Trademark Review Board for review. If there is reason to believe that the European Trademark Review Board’s review ruling violates the Treaty of Rome or *** In the case of identical trademark regulations, an appeal can also be made to the European Court of Justice in Luxembourg.
Legal basis:
Article 1 of the "Trademark Law of the People's Republic of China" is to strengthen trademark management, protect the exclusive rights to trademarks, and encourage producers to ensure product quality and maintain trademarks This law is specially formulated to protect the interests of consumers and promote the development of the socialist commodity economy.
Article 2 The Trademark Office of the Industrial and Commercial Administration Department of the State Council is responsible for the registration and management of trademarks nationwide.
Article 3 A trademark approved and registered by the Trademark Office is a registered trademark, and the trademark registrant enjoys the exclusive right to use the trademark and is protected by law.
Article 4 Enterprises, public institutions and individual industrial and commercial individuals who need to obtain the exclusive right to use trademarks for the goods they produce, manufacture, process, select or distribute shall apply to the Trademark Office for commodity trademark registration. Enterprises, institutions and individual businesses that need to obtain the exclusive right to use a trademark for the services they provide must apply for service trademark registration with the Trademark Office. The provisions of this Law regarding commodity trademarks shall apply to service trademarks.
Article 5 of the National Conference of Directors of Intellectual Property Rights: Goods that the state stipulates must use registered trademarks must apply for trademark registration. If the registration is not approved, they may not be sold in the market.
Article 6 Trademark users shall be responsible for the quality of the goods on which their trademarks are used. Industrial and commercial administrative departments at all levels should supervise product quality through trademark management and prevent behaviors that deceive consumers.
Article 7 The literature, graphics or combination thereof used in a trademark shall have distinctive features and be easy to identify. If a registered trademark is used, it should be marked with "registered trademark" or registered mark.
Article 8 The following words and graphics shall not be used in trademarks:
(1) The same as or similar to the country name, national flag, national emblem, military flag and medal of the People's Republic of China
(2) Identical or similar to the name, national flag, national emblem, or military flag of a foreign country;
(3) Identical to the flag, emblem, or name of an intergovernmental international organization or similar;
(4) The same or similar logo or name as the "Red Cross" or "Red Crescent";
(5) The common name of this product and Graphics;
(6) Directly representing the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;
(7) Ethnicly discriminatory;
(8) Exaggerated and deceptive propaganda;
(9) Harmful to socialist morals or having other adverse effects.
Place names of administrative divisions at or above the county level or foreign place names known to the public shall not be used as trademarks, except where the place names have other meanings; registered trademarks using place names will continue to be valid.
Article 9 If a foreigner or foreign enterprise applies for trademark registration in China, it shall be handled in accordance with the agreement signed between the country where it belongs and the People's Republic of China or the international treaty to which both countries are party, or Handled according to the principle of reciprocity.
Article 10 When foreigners or foreign enterprises apply for trademark registration and handle other trademark matters in China, they shall entrust an organization designated by the state to act as their agent.