What should I pay attention to when applying for registration of foreign trademarks in China?

International trademark registration is very practical for enterprises that want to expand overseas markets, and those who have registered trademarks in China may be very familiar with the Trademark Law, but may not know much about international trademark registration. International trademarks are also known as Madrid trademarks, so what is commonly referred to as Madrid System trademarks is also international trademarks.

Foreign trademark registration.

We have made a lot of foreign trademarks, in fact, foreign trademarks are simpler than domestic trademarks. For example, individuals can register, while domestic trademarks need to be self-employed, and foreign countries only need ID cards to register, which greatly affects the registration of users.

And then you say what conditions are needed, which is roughly the same as in China:

Individual registration: copy of personal ID card, trademark logo, trademark registration application, trademark ** power of attorney.

Company registration: copy of company license, trademark logo, trademark registration application, trademark ** power of attorney.

That's about it! In fact, most foreign trademark registrations are relatively fast, such as 4-6 months for EU trademarks and 6-8 months for US trademarks, which are several times faster than those in China. These are relatively simple, mainly to find a professional first-class organization, specializing in overseas trademarks, so that the efficiency or some pass rates will be more guaranteed.

Items of goods or services (using the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks). 3: Plotted pattern:

Clear trademark design, electronic version of the logo (jpg format). Note: If the registered trademark is color, please specify the color, and the future use will be used according to the specified color; If the registered trademark is black and white, you can use any color 4:

A Power of Attorney for Registering a U.S. Trademark fills in a word mark and a class of goods or services. 5: Certificate of registered trademark in the country, date of earliest use and evidence.

There are two ways to invite people to apply for registered trademarks abroad: one is to register them one by one, that is, to apply for registration with the trademark authorities of each country respectively; 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.

Overseas trademark registration sharing.

With the integration of the global economy, the products or services of enterprises frequently flow internationally, and the incidents related to trademark infringement are frequent. A set of 158 complete overseas 6917 trademark strategy 4431 and implementation plan is an important consideration for investors to expand overseas markets. We are familiar with the global trademark registration system and application process, and will assist investors to register overseas trademarks according to their global business layout.

According to the following reasons, you can see whether you need to register an international trademark.

01 Territoriality of trademark protection. A trademark registered in a certain country or region shall be effective within that country or region.

02 Avoid overseas squatting. By registering an overseas trademark in a timely manner, you can protect your trademark in advance to avoid the situation of your trademark being preemptively registered overseas.

03 Prepare in advance to enter the overseas market. The overseas trademark registration cycle is generally about 2 years, and if an enterprise wants to enter the market of a certain country, it must register the trademark in advance.

04 Domestic subsidies for overseas trademark registration. In fact, the first to register a trademark overseas is to give a high subsidy, and will give certain preferential policies to such enterprises. The amount of the subsidy depends on the region.

Most countries in the world implement the first-to-file principle to protect trademarks that have been registered earlier. If an enterprise does not consider issues such as trademark registration and search before exporting, it is likely that it will not know that it has infringed on the trademark rights of others in the country.

Once someone else has registered first, it is likely that there will be a risk of passive infringement and cross-border litigation and huge damages.

Therefore, the application and search of trademarks in advance can avoid unnecessary risks of disputes and facilitate export protection.

Companies or individuals can apply for overseas trademarks, and there are currently two ways to register international trademarks.

1. Country-by-country registration. In which country it needs to develop, on which country's brand is registered, the trademark laws of various countries are different, the trademark application, examination, registration procedures are different, the length of time is not, and the methods and fees vary greatly. Most countries do not require a Chinese registration as a basis.

2. Madrid Registration: The Madrid System is a convenient and cost-effective solution for global trademark registration and management. By filing a single application and paying one set of fees, you can apply for protection in up to 124 countries.

Through a centralized system, it is possible to change, renew or expand global trademarks.

You can choose the Madrid trademark registration route:

1. The application date for international trademark registration shall be subject to the date on which the Trademark Office receives the application. If the application formalities are complete and the application documents are filled in in accordance with the regulations, the application number shall be assigned, and the Trademark Office shall send the application documents (in English or French) to the International Bureau of the International Registration of Trademarks within 30 days;

2. After receiving the application for international registration of a trademark forwarded by the Trademark Office, the International Bureau shall register it if it considers that the formalities are complete and the categories and names of goods and services are filled in correctly; If the formalities are deemed incomplete, the registration will be suspended and the Trademark Office will be notified. The Trademark Office shall notify the applicant or ** person within 15 days from the date of receipt of the notification from the International Bureau that the formalities have been completed;

3. After the international registration of the trademark, the International Bureau will publish it. Each country of protection designated at the time of the application for the international registration of the mark will decide whether or not to grant protection in accordance with its own national law and will be required to declare the refusal to the International Bureau. How can mainland residents open a bank account in Hong Kong and send money?

The Agreement provides for a maximum time limit of one year for a declaration of refusal, i.e. if an application for designation for protection is not rejected within 13 months, the application is automatically protected (under the Protocol, Member States may extend the time limit for refusal to 18 months, if necessary);

4. The International Bureau will send the registration documents directly to the applicant, and if the applicant for the international registration of the trademark has designated the ** person, it will send it to the ** person.

Submissions vary from country to country. To you the US and the EU. Ome Rui International can provide you with a free consultation.

Registered a U.S. trademark1. Application Requirements:

Application in the name of the company;

Apply as an individual (over 18 years old).

1. Name and address of the applicant.

2. Apply for goods or services.

3. Trademark reproduction.

4. If it is used in the United States, evidence of use (such as **, label, contract, etc.) should be provided based on use in the United States: 12-14 months.

On an other-basis: 15-18 months.

Registration validity: 10 years.

EU trademark registrationConditions: No basic registration requirements. Any natural or legal person in the country who wishes to obtain trademark protection in the EU.

Preparation Materials:1Power of Attorney: provided by the Company, signed and stamped by the applicant;

2.1 copy of the applicant's identity certificate;

3.The name and address of the applicant are in English and Chinese;

4.the classes and names of goods and services to be protected;

5.Representation of the trademark.

1. Applicants must have certain subject qualifications. The applicant should have a real and effective industrial and commercial business office in China; If not, there should be a domicile in the territory of the country; If there is no domicile, the applicant should have the nationality of our country.

Nationals who are not members of the Madrid Union and have their joint ventures or sole proprietorships in China can apply for international registration through the Trademark Office.

In addition, legal or natural persons in Taiwan Province can file an application for international registration through the Trademark Office. However, legal or natural persons in the Hong Kong and Macao Special Administrative Regions are not yet able to file an application for international registration through the Trademark Office.

2. The trademark applying for international registration must have started a certain trademark registration application procedure in China. Since September 1, 2008, if the country designated by the applicant for protection is a pure member state of the "Madrid Agreement", the trademark applied for international registration must have been registered in China;

If the country designated by the applicant for protection is a pure member state of the "Madrid Protocol", or a member state of both the "Madrid Agreement" and the "Madrid Protocol", the trademark applying for international registration can be a trademark that has filed an application for registration in China, or it can be a registered trademark.

3. The application for international registration shall be consistent with the content of the national basic registration or basic application. the name of the applicant for the international registration shall be identical to that of the national applicant or holder; The address of the applicant should be exactly the same as that of the national applicant or holder; The trademark should be exactly the same as the domestic registered trademark, including the exact same color; The goods and services declared shall be the same as those registered in the country or not exceed the scope of goods and services for which the application or registration is made in the country.

If the same trademark is requested or registered in different classes of goods or services in China, an application for international registration may be filed at the time of application for international registration, and the different classes of goods or services reported in China may be entered in the application form for international registration of the selling chain in the order of class.

4. If certain conditions are met, the priority can be claimed. If the time between the application for international registration and the application for trademark registration filed in China is less than six months, the applicant may claim priority when filing the application for international registration, provided that a copy of the domestic Notice of Acceptance is provided.

5. Inadmissibility of applications for international registration.

Anything that does not comply with Rule 6 of the Common Regulations under the Madrid Agreement Concerning the International Registration of Marks and the Protocol thereto.

or one of them, the Trademark Office shall not accept the application for international registration of the trademark.

6. After the expiration of the validity period of the international registration, if you want to continue to use it, you shall renew the registration.

1. Inquiry, single-country registration, can be pre-inquiry; Madrid international registrations are not subject to inquiry; The EU international registration is a search process that only takes place after the application for registration.

2. Classification, all of which use the Nice classification. However, each country may vary slightly depending on the actual situation of the goods or services in which it is located.

3. Commodities, there is a number of countries with beams, and some do not.

4. At home and abroad of a member country, a single country applies for a member state; Madrid registrations are to be carried out within the Madrid Member States; The organization of the European Union is not limited to its member state applications.

5. Domestic registration basis, a single country does not need a domestic registration basis, Madrid requires a domestic registration basis, and the EU does not need a domestic registration basis.

6. The process is different only in the place of announcement or review, some are reviewed after the announcement, and some are announced after the review.

7. Reject, a single country's refusal is only reexamination or abandonment, etc.; Madrid refusal, which can be transferred to a single country; The refusal of the European Union can also be transferred to a single country.

There are no provisions in China's laws on foreign trademark registration procedures, and you can refer to China's trademark registration procedures. China's trademark registration procedures mainly include trademark registration application, trademark drawings, etc. If the trademark registration is applied for by color combination or coloring pattern, the coloring drawing shall also be submitted.

[Legal basis].

Article 13 of the Trademark Law of the People's Republic of China.

To apply for trademark registration, it shall be filled in in accordance with the published classification table of goods and services. Each trademark registration application shall submit one copy of the Application for Trademark Registration and one copy of the trademark reproduction to the Trademark Office; If a trademark is registered with a color combination or coloring pattern, the coloring drawing shall be submitted, and one black and white draft shall be submitted; If no color is specified, a black and white drawing shall be submitted.

The trademark design should be clear, easy to paste, printed with smooth and durable paper or replaced by **, and the length and width should not be more than 10 cm and not less than 5 cm.

If a trademark is registered with a three-dimensional sign, a statement shall be made in the application, explaining the use of the trademark, and a drawing that can determine the three-dimensional shape shall be submitted, and the submitted trademark drawing shall contain at least three views.