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Registration process of foreign-related trademarks in Gongshu District
How to register foreign-related trademarks? There are two ways to apply for foreign-related trademark registration: one is to register by country, that is, to apply for registration with the trademark authorities of various countries respectively; One is Madrid international trademark registration, that is, according to the Madrid Agreement on International Trademark Registration (hereinafter referred to as? Madrid agreement? ) or the relevant protocols of madrid agreement concerning the international registration of marks (hereinafter referred to as? Madrid protocol? ), trademark registration between Madrid Union member countries. What we usually call international trademark registration refers to Madrid trademark international trademark registration.

Madrid Union? What do you mean? Madrid agreement? And then what? Madrid protocol? The International Special Union for Trademark Registration consists of applicable countries or intergovernmental organizations. By the end of June 5438 +20031October 23rd, Madrid Union * * * had 74 member countries (or contracting parties), namely, when countries joined the Madrid Agreement, when countries joined the Madrid Protocol and when countries joined the Madrid Agreement, they joined the Madrid Protocol.

Benelux? There are actually three abbreviations for Belgium, the Netherlands and Luxembourg? Madrid Union? Member States, but when the applicant designates these three countries for protection, they are still treated as one country and pay the relevant fees according to one country.

What are the procedures for handling foreign-related trademark registration? processing method

Madrid trademark application for international trademark registration has two ways:

(1) Entrust a nationally recognized trademark agency to handle it.

(2) The applicant directly submits it to the Trademark Office.

Processing steps

(1) Where a trademark agency is entrusted, the applicant may voluntarily choose a trademark agency recognized by the state to handle it. All the trademark agencies registered in the Trademark Office are here? Institution? Line up.

(2) If the applicant goes directly to the Trademark Office, he can go through the following steps:

Prepare the application documents, submit the application documents to the International Trademark Registration Office of the Trademark Office, and pay the registration fee according to the provisions of the fee notice.

Preparation of application documents

1. Application documents to be submitted

(1) An application for registration of Chinese international trademarks, filled in and stamped with the official seal;

(2) an application for international trademark registration filled in in a foreign language and stamped with the official seal or signature;

(3) a copy of the domestic trademark registration certificate or a copy of the acceptance notice;

(4) Two trademark designs. If it is a color trademark, two color trademark patterns should be attached;

(5) Where a trademark agency is entrusted, a power of attorney for trademark agency shall also be submitted.

2. Fill in the specific requirements of the application for international trademark registration.

(1) Country of origin of the trademark applicant:

The country of origin of the trademark applicant? Refers to China. If the applicant specifies the country to be protected as? Madrid agreement? Member States, the three situations available to the applicant in this item should be selected in turn, that is, the applicant should first measure whether he meets the first situation, if yes, then choose the first situation, if not, then choose the second situation, if not, then choose the third situation. If all three meet or meet two, you should choose the former. If the applicant specifies the country to be protected as? Madrid protocol? Member States, in these three cases, the applicant only needs to meet one of them.

(2) Name of the applicant:

If the applicant is a legal person, the full name shall be filled in; If the applicant is a natural person, the name should be filled in. In addition, if the legal person has an official English or French name, it should be filled in together with Chinese and stamped with the seal of the applicant (the legal person should be stamped with the seal of the enterprise or company).

(3) Address of the applicant: it can be filled in according to the requirements in brackets.

(4) Name of agent:

The applicant can fill in according to the actual situation; If it is a direct application, this column is not filled.

(5) Address of the agent:

Fill in the form of the applicant's address.

(6) Domestic application and registration of trademarks:

This refers to the application and registration of trademarks in China, not the application and registration of international trademarks.

Where an applicant applies for international trademark registration for the same trademark in different categories, it shall fill in the application date, application number and/or registration date and registration number of each category one by one in the order of categories.

(7) Priority:

Where the applicant claims priority, the date and application number of the first application shall be stated.

(8) Trademark:

Here, the applicant is required to paste the trademark pattern, and the size of the trademark should be handled according to the requirements of the application.

(9) Require color protection:

Where the applicant requests the protection of colors, it shall specify which colors and which parts of colors are required to be protected.

(10) Trademark Transliteration:

Just fill in the standard Chinese pinyin of the trademark here.

(1 1) Receiving language selection:

Check the box to the left of the selected language here.

(12) Goods and services:

The goods and services referred to here shall be filled in in the order of the categories of goods and services listed in the International Classification of Goods and Services for Trademark Registration. Such as: the first category, ethanol, industrial alcohol; The fifth category, aspirin, baby food; The ninth category, audio and video recording; When filling in, category 9 shall not be placed before category 5, or category 5 shall not be placed before category 1.

(13) The parties designated for protection:

The applicant has marked the box to the left of the country in need of protection. If the applicant designates Germany, France and Italy as protected countries, the applicant only needs to tick the box to the left of these three countries.

(14) Payment method of this application:

Check the box to the left of the selected payment method.

bear the cost

After receiving the application documents with complete procedures, the Trademark Office shall register the date of application, assign the application number, calculate the fees payable by the applicant, and issue a notice of fees to the applicant. The applicant should pay the fee as soon as possible after receiving the fee notice. The Trademark Office will not submit an application to the International Bureau until it receives the full remittance. If the remittance is not received by the Trademark Office after two months, the application documents and other attachments will be returned to the applicant without retaining the application date and application number.

Where a trademark agency is entrusted, the applicant shall pay an agency fee to the trademark agency in addition to a certain amount of international trademark registration fee.

Collection of trademark registration certificate

After receiving an application for international registration of a trademark conforming to the madrid agreement concerning the international registration of marks and its protocols, the International Bureau shall register it in the international trademark register and issue a trademark registration certificate to the applicant for trademark registration. The trademark registration certificate shall be sent directly to the International Trademark Registry of the Trademark Office, which shall forward it to the applicant or trademark agency. It should be noted that the applicant must fill in the address clearly (mailing address can be added), and if the applicant's address changes, it should be changed in time.

How to handle all kinds of changes after registration?

According to? Madrid agreement? And then what? Madrid protocol? Trademark An international trademark registrant may handle the following matters after registration:

1. Apply to extend the territory of all or part of goods and services to one or more countries.

2, in all or part of the goods and services or in all or part of the country transfer or transfer.

3. Revocation of international trademark registration.

4. Give up protection in relevant countries.

5. Cut back on goods and services.

6. Change the name and address of the registrant.

The procedures for handling these matters are basically the same as those for applying for international trademark registration, and the corresponding fees shall be paid as required.

Application for registration

According to the relevant provisions of China's Trademark Law, anyone can raise an objection to the registered trademark of an international trademark that requires protection in China within three months from the 1 day of the second month after the announcement of the international trademark. If the applicant for objection is a domestic enterprise legal person or natural person, the application for objection may be mailed or delivered to the International Trademark Registry of the Trademark Office directly or through a trademark agency. If the objection applicant is a foreign enterprise or a natural person, it must be handled through a trademark agency.

Where an objection is raised to the registered trademark of an international trademark, the applicant may reply within 30 days from the date of receiving the notice. If the applicant for objection is a domestic enterprise legal person or natural person, the application for objection may be mailed or delivered to the International Trademark Registry of the Trademark Office directly or through a trademark agency. If the objection applicant is a foreign enterprise or a natural person, it must be handled through a trademark agency.

The Trademark Office shall make a ruling based on the facts and reasons stated by both parties. If both parties have objections to the Trademark Office's objection ruling, they can submit an application for objection review to the Trademark Review and Adjudication Board within 15 days after receiving the Notice of Objection Ruling, and the Trademark Review and Adjudication Board will make a final ruling.

What does TM mean? TM is the abbreviation of trademark. Trademarks in the United States and other countries are usually marked with TM, but they do not necessarily refer to registered trademarks. R is the abbreviation of REGISTER, which means registered trademark when used in trademark. According to the implementation regulations of China's trademark law, the use of registered trademarks can be indicated on commodities, commodity packages, manuals or other accessories? Registered trademark? Or a registration mark.

Registration marks include (note plus 0) and (r plus 0). The use of a registered trademark shall be marked in the upper right corner or the lower right corner of the trademark. So TM and R are trademarks of different countries and have no special relationship. However, some domestic companies do not understand the legal provisions, blindly imitate American companies, and use TM marks on trademarks.

Whether the text and graphic elements are merged or registered separately, there are advantages of saving money. However, there is a big limitation in actual use, that is, registered trademarks must be used in combination in actual use, and the relative positions and sizes of each component should generally be consistent with the registration form.

In addition, if any part of the combined trademark conflicts with the prior trademark, the whole trademark may be rejected. Therefore, we generally recommend that you register separately. Although the cost will be higher, trademark owners can choose to use each registered trademark individually or in combination at will after trademark registration, which is very flexible.

Moreover, when applying for registration separately, even if one of the trademarks is rejected, it will not affect the registration of other trademarks. However, there are exceptions. If a component of a trademark is too simple, individual registration may be rejected. In this case, priority should be given to combination registration to improve the success rate of registration.

That's what Bian Xiao has to offer you? Gongshu district foreign-related trademark registration process? I hope you like it!

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