How do I apply for an international trademark? How do I apply for an international trademark?

How to apply for an international trademark: the parties need to obtain registration with the national trademark office first; Entrust a ** institution or personally apply for the international registration of a trademark to the International Bureau through the Trademark Office, and submit the application and related materials, pay the relevant fees, and the International Bureau will review it; Issuance of trademark certificates.

[Legal basis].

Article 30 of the Regulations for the Implementation of the Trademark Law of the People's Republic of China provides that a person who applies for international trademark registration with China as the country of origin shall have a real and effective business office in China, or have a domicile in China, or have Chinese nationality. Article 36 An applicant who meets the requirements of Article 35 of these Regulations and whose trademark has been registered with the Trademark Office may apply for international registration of the trademark in accordance with the Madrid Agreement. If an applicant who meets the requirements of Article 35 of these Regulations has already obtained registration with the Trademark Office, or has filed an application for trademark registration with the Trademark Office and has been accepted, he or she may apply for international registration of the trademark in accordance with the Madrid Protocol.

Article 38 Where an application for international registration of a trademark or other relevant applications is filed with the International Bureau through the Trademark Office, an application form and related materials that meet the requirements of the International Bureau and the Trademark Office shall be submitted. Article 41 Where a person applies to the International Bureau for the international registration of a trademark and handles other related applications through the Trademark Office, he or she shall pay a fee in accordance with the regulations.

1. Madrid trademark application procedure.

1. Contracting Parties to the Agreement refer to the countries that have acceded to the Madrid Agreement, and there are currently no pure Contracting Parties to the Agreement; Parties to the Protocol means States or inter-governmental organizations that are parties to the Protocol; A pure Party to the Protocol is a country or an inter-governmental organization that has only acceded to the Protocol and not to the Agreement. As of September 1, 2008, the Madrid Union applies to States that are both Parties to the Agreement and the Protocol.

2. What are the application materials that need to be submitted for a new application for international trademark registration in Madrid?

1) Application for Madrid International Trademark Registration; (2) Application form in foreign language (mm2**); (3) Applicant's qualification documents stamped or signed by the official seal, such as a copy of the business license, a copy of the residence certificate, a copy of the identity certificate, etc.; (4) If the person entrusts **, a power of attorney shall be attached; (5) If the United States is designated, mm18** shall be submitted together.

3. How to choose the foreign language ** (mm**) for the new application for Madrid international trademark registration? Select MM2** for the foreign language application, and submit MM18** for the designated U.S. application.

4. How to select the designated contracting party for the Madrid application for international trademark registration? Once the applicant has obtained the domestic acceptance notice or the domestic registration certificate, all the contracting parties can be designated, and the specific selection is based on the needs of the applicant.

5. Can applicants from Hong Kong, Macao Special Administrative Region and Taiwan apply for Madrid through the Trademark Office? At present, applicants from the Hong Kong and Macao Special Administrative Regions cannot apply for Madrid through the Trademark Office. Applicants from Taiwan who have a registered trademark or a trademark that has been filed and received a notice of acceptance can apply for Madrid through the Trademark Office.

6. Is it necessary to entrust a trademark ** agency to handle the application for international trademark registration in Madrid? The applicant can entrust the trademark ** agency to handle the application for international trademark registration in Madrid, or directly submit the application for international trademark registration in Madrid to the Trademark Office.

2. Madrid precautions.

Is it possible to change the reproduction or color of the trademark when applying for the international registration of the trademark in Madehaoli? It is required that the reproduction of the trademark applied for is exactly the same as that of the basic mark, and the color is exactly the same. If the basic mark is a black and white reproduction, the Madrid application must be a black and white mark; If the basic mark is a color reproduction, the Madrid application must also be a color reproduction of the mark.

The way to apply for an international trademark is to entrust a trademark ** agency to handle it, and the applicant can voluntarily choose any nationally recognized trademark ** agency to handle it; Go directly to the Trademark Office to handle it, and prepare the application documents at this time; filing an application with the International Registry of the Trademark Office; Pay the registration fee.

Regulations for the Implementation of the Trademark Law of the People's Republic of China

Article 35.

If you apply for international trademark registration in China as your country of origin, you should have a real and effective business office in China, or have a domicile in China, or have Chinese nationality.

Regulations for the Implementation of the Trademark Law of the People's Republic of China

Article 36.

Regulations for the Implementation of the Trademark Law of the People's Republic of China

Article 35.

Regulations for the Implementation of the Trademark Law of the People's Republic of China

Article 35.

If a person applies for international trademark registration in China as the country of origin, he or she shall have a real and effective business office in China, or have a domicile in China, or have Chinese nationality.

Article 36.

If the applicant meets the requirements of these Regulations, and whose trademark has been registered with the Trademark Office, he or she may apply for the international registration of the trademark in accordance with the Madrid Agreement.

An applicant who meets the requirements of the Regulations and whose trademark has been registered with the Trademark Office, or who has filed an application for trademark registration with the Trademark Office and has been accepted, may apply for the international registration of the trademark in accordance with the Madrid Protocol.

Regulations for the Implementation of the Trademark Law of the People's Republic of China

Article 38.

If the Trademark Office applies to the International Bureau for the international registration of a trademark and other related applications, the application and related materials that meet the requirements of the International Bureau and the Trademark Office shall be submitted.

Regulations for the Implementation of the Trademark Law of the People's Republic of China

Article 41.

If the Trademark Office applies for the international registration of a trademark and handles other related applications with the International Bureau, the fee shall be paid in accordance with the regulations.

Application Procedure. 1) To apply for international trademark registration through the Agreement or Protocol, a legal person or natural person who has determined that China is the country of origin in accordance with the Agreement or the Protocol must first obtain trademark registration in China, obtain preliminary examination or the application has been accepted, and meet one of the following conditions: have a real and effective place of business in China; have a domicile in our country; possess the nationality of our country;

2) To apply for international trademark registration, you can go directly to the Trademark Office or mail it, or entrust a ** organization to handle it. If it is handled directly, the applicant shall fill in the application form, and the Trademark Office can provide translation. The document translation fee is 3 RMB.

3) If the applicant applies for the subsequent designation, assignment, reduction, abandonment, cancellation, change of the name or address of the holder, change of the name or address of the first person, renewal, designation of the first person and other related matters of the international registration of the trademark, the applicant can directly or entrust the first person to the Trademark Office to handle it; It can also be entrusted to a person or directly to the International Bureau of the World Intellectual Property Organization (hereinafter referred to as the International Bureau). However, applications for subsequent designation, assignment, limitations, renunciations and cancellations of international trademark registrations in relation to member states of the Madrid Agreement must be handled through the Trademark Office.

4) Regardless of whether the formalities are complete or not, the Trademark Office shall take the date of receipt as the date of application and assign the application number. After the formalities are completed, the Trademark Office shall send the application to the International Bureau within 30 days from the date of filing; If the application formalities are incomplete or the application documents are not filled in in accordance with the regulations, it will be returned, and the application date will not be retained. If the application formalities are basically complete or the application documents basically comply with the regulations, but it needs to be supplemented and corrected, the Trademark Office shall notify the applicant to make corrections, and the applicant shall be limited to supplement and correct them according to the specified content within 15 days from the date of receipt of the notice and return them to the Trademark Office.

If it is supplemented and corrected and returned to the Trademark Office within the time limit, the filing date shall be retained; Where corrections are not made or corrections are made beyond the time limit, the application date will not be retained.

5) FeesWhen applying for the international registration of a trademark, the applicant shall pay the basic registration fee, additional registration fee (if necessary), supplementary registration fee or other individual fees to the International Bureau, and pay the handling fee for the application for international trademark registration to the Trademark Office. After receiving the application formalities, the Trademark Office will calculate the fee and send a Notice of Fees to the applicant or **person, who shall, according to the requirements of the notification form, settle with the Trademark Office in RMB or directly with the International Bureau in Swiss francs (see Annex).

4.5), but you must send a remittance certificate to the Trademark Office, and pay a handling fee to the Trademark Office.

6) Once the trademark is registered in the International Register, the International Bureau shall be responsible for publishing the trademark in the International Trademark Gazette of the World Intellectual Property Organization once a week, and anyone can order it; The International Bureau shall directly send the trademark registration certificate, renewal certificate and other relevant notices to the applicant, the registrant or his/her ** person.

The ways and precautions for applying for an international trademark are as follows:

1. Ways to register international trademarks.

There are two ways to apply for international trademark registration: one is to register it one by one, that is, to apply for registration with the competent authority of the trademark reputation belt in each country.

One is the Madrid international trademark registration, which is the registration of a trademark between the member states of the Madrid Union in accordance with the provisions of the Madrid Agreement Concerning the International Registration of Marks (hereinafter referred to as the "Madrid Agreement") or the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (hereinafter referred to as the "Madrid Protocol"). When we talk about international trademark registration, we usually mean Madrid international trademark registration. The registration process is as follows:

Filing of the application, examination by the International Bureau, issuance of certificate of registration, substantive examination in the designated country.

"Madrid Union": means the Special Union for the International Registration of Marks composed of countries or organizations to which the Madrid Agreement and the Madrid Protocol apply.

1. Handling channels.

There are two ways to apply for an international Madrid trademark registration:

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

2) The applicant shall go directly to the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office).

2. Handling steps.

1) If the applicant entrusts the trademark to handle it, the applicant can voluntarily choose any nationally recognized trademark agency to handle it.

2) If the applicant goes directly to the Trademark Office, the applicant can follow the following procedures:

Preparation of the application, submission of the application to the International Registry of the Trademark Office, payment of the registration fee in accordance with the provisions of the Notice of Fees.

2. Precautions for applying for registration of international trademarks.

1. Determine the list of exporting countries of products, and register them in a focused, selective and targeted manner according to the list, product type and nature, and according to the strength of the enterprise.

2. Handle the trademark registration in the exporting country before the product is exported to clear the obstacles. For countries based on the principle of first-to-apply or registration, such as Japan, South Korea, Spain, Italy and other countries, the timing of registration should be grasped sooner rather than later. Otherwise, it will create an opportunity for others to grab the celebration.

For countries based on the principle of prior use, such as the United States, the United Kingdom, Australia, Canada, Singapore and other countries, the export trademark should be used and registered in the commercial use of that country as soon as possible.

3. It is necessary not only to register on the main goods, but also to provide corresponding services for the main products. The advantage of this tactic is that it can effectively prevent overseas speculators from registering in disguise.

4. When handling overseas trademark registration, you should grasp the timing of registration in a timely manner, make good use of the right of priority, and on the other hand, you should also fully understand the relevant international or regional treaties, agreements or regulations, and be able to make good use of these resources according to the actual situation of the company to handle overseas trademark registration in a timely manner.

Legal analysis: What we usually call international trademark registration generally refers to Madrid international trademark registration. There are two ways to apply for an international Madrid trademark registration through the Trademark Office:

1) Entrust a nationally recognized trademark agency to handle it. (2) The applicant shall go directly to the Trademark Office for processing.

Legal basis: Trademark Appeal Law of the People's Republic of China" Article 2 The Trademark Office of the Administration for Industry and Commerce is in charge of the national trademark registration and management. The administrative department for industry and commerce has set up a Trademark Review and Adjudication Board to handle trademark disputes.