How to apply for a trademark application for international registration
1. A brief description
T here are two ways for a pplicant to foreign trade mark application : one is registered each of the countries, namely, to apply to the competent authorities of the national trademark registration; Madrid International Registration of Marks under the international trademark registration Madrid Agreement "(hereinafter referred to as" the provisions of the Madrid Agreement ") or the international Registration of Marks Madrid Agreement Protocol (hereinafter referred to as the" Madrid Protocol "), among the member countries of the Madrid Union trademark registration. We usually refer to the International Registration of Marks is the Madrid International Registration of Marks. Madrid Union "by the Madrid Agreement and the Madrid Protocol applicable State or intergovernmental organization consisting of the International Registration of Marks Special Union.
2. H andling steps schematic diagram
Prepare application documents → to the International Registry of Trademark Office → receive pay registration fees in accordance with the provisions of the "fees notice ” → Receive international trademark registration certificate
Handling steps schemati c diagram of the i nternational r egistration of tradem arks
3 The preparation of the application documents
a. application documents should be submitted
(1) Madrid International Trademark Registration Chinese application form which completed and stamp ed an official seal
(2) Foreign a pplication form which completed and stamped an official seal or signed.
(3) A copy of d omestic trademark registration or a copy of domestic acceptance notice
(4) If it' s the basis of trademark registration or application in the country o ver the follow-up to the change and transfer or renewal business, please submit a c opy of the certificate of approval.
(5) T wo t rademark pattern s . If the co lor trademark, also need two color trademark pattern s.
(6) If you entrust a trademark agency to carry out, also should be submitted to the Power of Attorney.
b The choice of f oreign applications
(1) S pecify only pure Agreement country tables MM1
(2) S pecify only Protocol countries with MM2
(3) S pecify both pure Agreement States and protocols States MM3
(4) Specify the United States must be accompanied by MM18
c T he specific requirements of the Madrid International Trademark Registration application form
(1) T rademark applicant's origin al country :
“ Trademarks of the applicant's origin al country " refers to China. If the applicant specified the protection of the country of the Agreement member states, this one available for the applicant's choice of three select applicants first measure of whether they are in line with the first case, if they meet the preferred first one do not meet the re-election of the second, the second does not conform to the re-election of the third. If the three are in line with or subject to two kinds, one should elect the former. If the applicant specified the protection of the country of the member states, these three cases, as long as the applican t can meet a optional Protocol.
(2) The a pplicant' s name :
The applicant is a legal person, should fill in the full name; should fill in the name if the applicant is a natural person. Legal if formal English or French name, along with the Chinese fill, and stamped with the seal of the applicant (legal person shall be affixed to t he enterprise or company seal).
(3) T he applicant's address:
May be asked to f ill out the brackets, such as: Jintai Road 2, Beijing, China Postal Code: 10026 0.
(4) Agent Name:
The applicant may fill in the actual situation, the case of direct application d o not need to fill this column.
(5) Agent's address:
Fill in the same way a s with the applicant's address.
(6) Trademark domestic applications and regis tration:
In China's trademark applications and registrations, rather than the international filing and registra tion of a registered trademark.
If the applicant is in respect of the different classes of the same trademark application for international registration, the applicant should be all kinds of other application date, application number or / and registration date, registration number according to the order of categories one by one to fill.
(7) P riority:
If the applicant claims priority, should be marked the first time the application date and application number.
(8) T rademark:
To require the applicant to affix logos, trademarks size should be handled according to the r equirements of the application.
(9) C olor protection:
If the applicant requests to protect the color should indicate what color, the protection of which part of the color requirements.
(10) T rademark transliteration:
Here only trademar ks standard Pinyin fill can be.
(11) T he receipt by language selection:
Here in the chosen language l eft boxes marked with "x" mark.
(12) The g oods and services:
Refers to goods and services, fill in here should be the trademark registration category of goods and services listed in the classification of goods and services in international order fill fifth category, aspirin, baby food, such as: first class, ethanol, industrial alcohol; ; ninth, audio, picture tubes; shall refrain in completing the ninth class ranked fifth category before the fi fth row before the first class.
(13) Designated for pro tection by the Parties:
Applicant in the countries want to protect the left side of the box marked "x" mark, such as the protection of the country designated by the applicant for Germany, France and Italy, the applicant simply playing in the box to the le ft of the three countries "x".
(14) T he payment met hod of the present application:
Within the selected payment method and the left sid e of the box, hit the "x" mark.
4 P ay fees
After t he trademark office received formalities complet e application paper , register the date of application for registration, scheduled application number, calculation for the applicant to pay the cost of the applicant or agent to send the “fee note ".
Applicant or agent shall, within 15 days of the date received "fees notice" to pay certain fees to the Trademark Office. Trademark Office only received in full amount, will submit an application to the International Bureau. If the applicant or agent overdue unpaid fees, the application is deemed to have waived the filing date is not retained.
5 The application for opposition
According to the relevant provisions of China's "Trademark Law" requirements extend international registered trademark to be protected in China, since in International Trademark Notice published three times a January , anyone can be their objection . If the objection to the applicant is the domestic enterprise legal person or a natural person, the objection to the application directly or through the agency mailed or delivered at the International Registration of Trademark Office. If the objection to the applicant is a foreign enterprise or natural person, must be entrusted the National Accreditation trademark agency to carry out.
Internationally registered trademark objection, oppose receipt of the objection within 30 days from the date of notification of the respondent to respondent, must be commissioned nationally recognized trademark agency to carry out.
The trademark office ad judicates according to the statement of the facts and reasons. If the o pposition parties disputes the adjudication by trademark office , it will be received notice of adjudication in objection within 15 days, to the trademark review and adjudication board submit objection review application, the trademark review and adjudication board shall make a decision. (F) Receiving Trademark Registration Certificate
Received by the International Bureau in line with "international trademark registration Madrid Agreement and its Protocol on the Common Regulations" application for international registration in the International Register registration, and international trademark registration certificate, trademark international registration certificate issued to the applicant for trademark registration sent directly to the International Registry and Trademark Office, and forwarded to the applicant by the Trademark Office International or trademark agency. It should be noted that the applica nt must fill in the address clearly (to increase the communication address), if a change in the address of the applicant, the change should be handled in time.
(G) After registratio n, how to handle change matters
1. According to the "agreement" and "protocol", international trademark registrant can be in after registration for the relevant matters:
(1) All or a portion of the goods and services for territorial extension application to one or more countries, namely later appointed
(2) In all or a portion of the goods and services or transfer all or part of the country.
(3) The cancellation of all or part of the commodities or services
(4) To give up in the relevant protection of the state.
(5) Cuts goods and services.
(6) Modification of Name / Address of Registrant / Other Matters
Procedures for handling these matters are basically the same for the new application, and should be required to pay the appropriate fee.
2 . F oreign application form-choice
Handle a variety of subsequent alterations, must be submitted to the Madrid tr ademark applications for the International Registration of Chinese and foreign languages ??table:
(1) Late specified with MM4
(2) The assignment MM 5
(3) The deletion MM6
(4) To give up using MM7
(5) The removal MM8
(6) Registrant name or address change MM 9
(7) Agent name or address change MM10
(8) Renewal MM11
(9) Designated agent MM12
(H) A ttention
1 . The applicant must have a certain subject qualification. The applicant should be in our country has a real and effective industrial and commercial business place, If not, should be in a domicile within the territory of China, If no shelter, the applicant should have our country nationality. If the national "Madrid alli ance" member in our country ha s its joint venture or wholly foreign owned enterprise, can pass the state administration for industry and commerce trademark office the application for international registration of the proposed. In addition, Taiwan legal person and natural per capita can through the state administration for industry and commerce trademark office the application for international registration of the proposed. Hong Kong and Macao special administrative region of the legal person or the natural person is still not through the application for international registration of the trademark office put forward.
2 . Application for international registration of a trademark must have in our country must start the trademark registration application program. The applicant designated protection country is pure "agreement" contracting party, the application for international registration of a trademark must be in our country has won the registered trademark; The applicant designated protection country is belong to the "agreement" or "protocol" contracting party or pure "protocol" contracting party, apply for international registration of a trademark can is already in our country put forward an application for registration of a trademark, can also have registered trademark.
3 . The application for international registration of the should be with the national basic registration or application in basic content. International registration of the name of the applicant shall be with domestic applicant or in the name of the registrant completely consistent; Trademark should be with domestic registered trademark identical; The goods and services should be registered with the domestic goods and services the same or not more than domestic application or registered scope of goods and services. If the domestic application or registered in different categories of goods or services of the same trademark, in the application for international registration, may submit an international application, the domestic the different categories of commodities or services according to the categories in order to fill in the application for international registration of the.
4 . Accord with certain condition can statement for the right of priority. The applicant in the application for international registration, if with domestic put apart the application for trademark registration time not more than six months, then put forward the applicant in the application for international registration, may request priority, but should provide copy of domestic acceptance notice.
5 . Shall not accept the application for i ntern ational registration
Anyone who does not comply with the Madrid agreement concerning the international registration of marks and the common protocol detailed rules for the implementation of article 6 of the 1, 2, 3, or one of the article, the trademark office shall not accept the application for international registration of the trademark.
6 . The international registration of expiration, hope to continue to be protection, it shall be renewal of registration.