Can a trademark registered abroad be used in China? What if there is a similar trademark in China?

Jite intellectual property rights: 1. Submit the application to the Office for Harmonization in the European Internal Market, and the authorities will accept the trademark application that it considers to be eligible, and give the application date and application number; 2. After acceptance, the authority conducts an earlier trademark search, and at the same time submits the application to each member state for an earlier trademark search, and each member state sends the search report to the Office for Harmonization in the Internal Market within 3 months; 3. Upon receipt of the search reports of the Member States, the authorities shall provide them to the applicant for reference together with the search reports of the Office; 4. The authorities do not conduct substantive examination of the applied trademark, if the application is preliminarily accepted for registration, that is, the publication, from the date of publication of 3 months as the opposition period, 25 member countries of any natural person or legal person has the right to raise an objection to the trademark, no objection or the objection is not established, the trademark is registered; 5. If the trademark applied for registration by the applicant is rejected (...).

The trademark you registered abroad can be used in China, but the trademark is not protected and anyone can register it.

If there is an identical trademark in China, and it is the same kind of goods, then the problem of infringement will be immersed.

It is recommended that the landlord act cautiously and register the trademark, which is the best policy.

Trademarks registered in any country are protected in that country. Whether the same trademark in China is in the same category as your trademark. Whether it is used on the same product.

Whether it is a well-known trademark. If it's neither. It doesn't matter if you use it.

However, it is not protected by law. If you want to use it yourself, it's best to register it yourself.

Brand planning and value creation Hangzhou Trademark Office.

You need to register another trademark in China, and if the same industry exists, you can change the registration.

It can't be used in China, and you need to register it again in China, and if you have registered the same in China, then you just need to change it, and if you need it, you can hi me.

Legal analysis: Trademarks registered abroad can be used in China without the need to show any documents. However, it should be noted that this trademark is not protected by law in China.

Legal basis: Trademark Law of the People's Republic of China

Article 48 The use of trademarks as used in this Law refers to the use of trademarks on commodities, commodity packaging or containers, and commodity transaction documents, or the use of trademarks in advertising, exhibitions, and other commercial activities to identify goods.

Article 49 Where a trademark registrant changes the registered trademark, the name or address of the registrant or other registration matters in the course of using the registered trademark, the local administrative department for industry and commerce shall order it to make corrections within a time limit; If the trademark is not corrected within the expiration of the period, the Trademark Office shall cancel the registered trademark. If a registered trademark becomes the generic name of the goods approved for use or is not used for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office for cancellation of the registered trademark. The Trademark Office shall make a decision within nine months from the date of receipt of the application.

If there are special circumstances that need to be extended, it can be extended for three months with the approval of the administrative department for industry and commerce.

Legal Analysis: Can be used, but is not protected. The protection of trademarks is territorial, each country has its own trademark registration authority, and the trademark laws of various countries only protect the registered trademarks of each country.

Therefore, although the trademark applied for in China can be used abroad, its use is not protected by local law.

Legal basis: Trademark Law of the People's Republic of China

Article 51 The exclusive right to use a registered trademark shall be limited to the trademark approved for registration and the goods approved for use.

1. Without the permission of the trademark registrant, using a trademark identical or similar to its registered trademark on the same or similar goods;

2. Selling goods that infringe the exclusive right to use a registered trademark;

3. Forging or manufacturing the registered trademark logo of another person without authorization, or selling the counterfeit or unauthorized manufacturing of the registered trademark logo;

4. Without the consent of the trademark registrant, the registered trademark is replaced and the goods with the replaced trademark are put on the market;

5. Causing other damage to the exclusive right to use a registered trademark to others.

Trademark registration protection is territorial, and it is legally protected in which country it is registered. Registered trademarks abroad can be used in China without the need to show any certificates. However, it is not protected by law in the country.

Foreign brands enter the domestic Douling market and require trademark registration to obtain the exclusive right to use the trademark.

Many foreign brands register their domestic trademarks when they enter the Chinese market.

Trademark is a specialized legal term. A brand or a part of a brand is called a "trademark" after it has been registered by the relevant authorities in accordance with the law.

Trademarks are protected by law, and the registrant has the exclusive right.

Famous trademarks in the international market, Wu Qi is often registered in many countries.

There is a distinction between "registered trademarks" and "unregistered trademarks" in China.

A registered trademark is a trademark that is protected by law after being registered by the relevant authorities, and an unregistered trademark is not protected by the trademark law.

I believe that you have a general understanding of the domestic trademark registration process, which can be summarized into three steps: registered trademark search, trademark examination and registered trademark announcement. The application for registration is successful in about one year.

Provide trademark registration services and filing agencies of the State Trademark Office. In most countries, the trademark registration period is longer, generally around 2 years. In order to facilitate the implementation of the export plan, it is necessary to obtain the right to use the trademark in the exporting country in a timely manner to avoid unnecessary disputes in the future.

It can lay the groundwork for future branding. In the foreign application process, if the trademark is entrusted, the applicant can voluntarily choose a nationally recognized trademark agency. If the applicant goes directly to the Trademark Office, the applicant can do the following steps:

Preparation of the application Filing of the application with the International Registry of the Trademark Office Payment of the registration fee as specified in the Notice of Fees.

In foreign countries, the process of trademark registration is also simple. Without the help of a lawyer, many businesses can file an application within 90 minutes**. The simple way to register is with the U.S. Patent and Trademark Office.

Before filling out Registration, check the Trademark Electronic Search System database to make sure that no other company has registered the same or similar trademark for the same class of goods or services that you have provided. U.S. trademark protection grants entities the right to use a particular trademark within the geographic area in which it operates, regardless of whether the trademark is registered or not. However, if your chosen trademark has already been registered by another company – even if you use it first – your registration will be denied and you may need a lawyer to help you proceed.

**Trademark registration costs around $275 to $325 and requires information such as the class of goods and services in which the trademark will be used, the date the trademark was used in commerce, and whether the trademark you are looking for contains design elements. Internet companies that register their names should generally avoid registering their web extensions with their names, unless they plan to register trademarks with or without trademarks at the same time. Getting a trademark without a domain extension will help prevent other businesses from registering the same name simply by adding other extensions.

For broad protection, the specific design of the mark is not specified.

According to the USPTO**, a response to the application should be received within six months of filing. In some cases, it makes sense to register with an IP attorney (or at least seek legal advice in advance). If you want a trademark that is similar or confusingly similar to another registered trademark, your registration may be disputed.

In addition, it is difficult to register names that are too general or descriptive. A trademark attorney may be able to help you find a way to get at least some protection. The above is the general framework of the foreign trademark registration procedure.

In fact, this is somewhat similar to the situation in China. It is advisable to keep your eyes peeled when looking for a trademark registration platform.

The registration procedures are different, the handling fee is different, the required information is also different, the registration time is different, and the review time is different.