Is trademark registration in China the same as abroad? What exactly is trademark registration in Chi

Foreign registered trademarks are basically the same as those required for Chinese trademark registration, and the applicant's identity document (a copy of the company's business license or a copy of the personal ID card) must be submitted, and the English information of the applicant's name and address is required; reproduction of the trademark; goods designated for protection; Some countries also require applicants to submit notarized or authenticated documents.

The specific process of trademark registration in China:

pre-registration inquiries;

filing an application with the Trademark Office;

Applications will be accepted about one month after submission;

It can be searched on the ** of the Trademark Office about five months after the filing of the application;

9 to 12 months after the submission of the application, the review is completed;

Obtain the certificate 12 to 15 months after submitting the application.

Application method: You can go to the registration hall of the Trademark Office (Beijing) in person to handle it, or you can entrust the trademark ** agency to handle it.

Documents required for application:

1. Trademark drawings are required;

2. The scope of goods or services to be used by the registered trademark;

3. Identification documents: aCompany application: a copy of the company's business license is required; b.For individual applications: a copy of the business license and personal ID card of the individual industrial and commercial household is required.

Application fee: 1,000 yuan official fee to the Trademark Office, and about 700 yuan to the ** agency if it is entrusted to handle it.

Application procedures: 1. Check the trademark first, if there is no same or similar before, you can make the application documents and submit the application;

2. About 1 month after the application is submitted, the Trademark Office will issue you a notice of acceptance of the application (this period is called the formal examination stage).

3. After the formal examination is completed, it will enter the substantive examination stage, which will take about one to one and a half years.

4. If the substantive examination is qualified, it will enter the announcement procedure (this period is 3 months, also known as the opposition period);

5. At the expiration of the announcement period, no objection is raised. You can get the registration certificate. I can check it for you for free.

In fact, the process is the same, review the name, and then register, you want to know the name, we will inquire for you, reduce the risk of registration, and then sign the contract, a month out of the acceptance receipt, the certificate is waiting on the line, Jinding Huijie Business Consulting Wang Aiqin is looking forward to your call.

Legal analysis: First of all, 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 documents.

However, it is not protected by the law at home. Therefore, when foreign brands enter the domestic market, they are also required to register trademarks and obtain the exclusive right to use trademarks, otherwise they will not be protected by law. Many foreign brands have registered domestic trademarks even before entering the Chinese market, and it is not too much to say that trademarks are market access certificates and umbrellas.

Legal basis: Article 27 of the Regulations for the Implementation of the Trademark Law of the People's Republic of China The Trademark Office shall send a copy of the trademark opposition materials to the person being targeted by the foreign fiber in a timely manner, and shall reply within 30 days from the date of receipt of the copy of the trademark opposition materials. If the respondent does not reply, it will not affect the decision made by the Trademark Office.

If the parties need to supplement the relevant evidence after filing the opposition application or defense, they shall make a statement in the trademark opposition application or defense, and submit it within 3 months from the date of submission of the trademark opposition application or defense; Where they are not submitted at the time limit, it is deemed that the parties have waived supplementing the relevant evidentiary materials. However, if the evidence is generated after the expiration of the time limit or the party fails to submit it before the expiration of the time limit for other legitimate reasons, and the evidence is submitted after the expiration of the time limit, the Trademark Office may submit the evidence to the other party and cross-examine the evidence before it is admissible.

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.

Legal analysis: Trademarks are territorial, they are registered and protected in different countries and regions, and the trademarks registered in which country are protected by which country, so the trademarks registered abroad can be used as long as they are not registered in China, but they are not protected.

The law is based on the law

Company Law of the People's Republic of China

Article 6 To establish a company, an application for establishment registration shall be made to the company registration authority in accordance with the law. If the establishment conditions stipulated in this Law are met, they shall be registered as a limited liability company or a stock company by the company registration authority; Those who do not meet the establishment conditions stipulated in this Qiyin Law shall not be registered as a limited liability company or a share****.

Where laws and administrative regulations stipulate that the establishment of a company must be submitted for approval, the approval formalities shall be completed in accordance with the law before the company is registered. The public may apply to the company registration authority for inquiries into the company's registration matters, and the company registration authority shall provide inquiry services.

Article 7 A business license shall be issued by the company registration authority for a company established in accordance with the law. The date of issuance of the company's business license is the date of incorporation of the company. The company's business license shall indicate the company's name, domicile, registered capital, business scope, name of legal representative, and other matters.

If there is a change in the items recorded in the company's business license, the company shall go through the change registration in accordance with the law, and the company registration authority shall renew the business license.

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 administration for industry and commerce shall order the registrant 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 on the removal of the applicant 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.