Foreign trademark registration
Madrid International Trademark
"Madrid"International registration of marks refers to the system of registration of marks between the member States of the Madrid Union established by the Madrid Agreement on the International Registration of Marks signed at Madrid, capital of Spain, on April 14, 1891, or by the Protocol relating to the Madrid Agreement on the International Registration of Marks adopted at Madrid on June 27, 1989, and its common Implementing Rules.
To register a mark through the Madrid International Application Route, a country must be a party to the Madrid Agreement and the Madrid Agreement/Or States under the Protocol.
Madrid International trademark registration features: save money, time and trouble. In terms of the amount of fees, the international registration fee is significantly lower than the cost of applying for registration in each country separately, and the applicant pays a flat fee in Swiss francs rather than paying separately for each country designated for protection. Applicants can apply to one or more countries by completing an application form in Chinese.
After receiving an application for international registration from the competent national authorities of a member State, the International Bureau shall, if the formalities are complete, register the registration in the International Register, publish the registration in the International Notice entitled "International Marks", and issue a registration certificate to the applicant for international registration of marks (generally required3-4After that, a notification of the request for territorial extension shall be sent to the competent authority of the State (designated State) in which the application for territorial extension is requested.
The registration certificate of international registration is the proof that the International Bureau has received the application and registered it, and it is also the basis for the registrant to handle the changes and transfers after registration in the future. Protection in all designated countries depends on the outcome of the examination of the mark by the relevant country under its national law over the following twelve or eighteen months.
Basis of application:
oneMadrid Agreement: If the application for registration of a trademark in the member states of the Madrid Association, it must be based on the trademark approved by the Chinese Trademark Office, and can not change the trademark pattern, the application of goods can only be all or part of the goods approved by the Chinese trademark Office in the previous trademark registration, and can not add new goods.
2.Madrid Protocol: If the application for registration of a trademark in a member state of the Madrid Protocol, it must be based on the acceptance of the registration application or the preliminary examination announcement or approval of the registration of the trademark in China.
States members of the Protocol:
Up to2003yearstwelvemonth30As of today, all States members of the Protocol20Countries: Antigua and Barbuda, Denmark, Estonia, Finland, Australia, Georgia, Singapore, Greece, Iceland, Japan, Lithuania, Norway, Sweden, Ireland, Turkey, Turkmenistan, United Kingdom, United States, Republic of Korea, Zambia.
Note: The United States2003years10Since the trademark legal system of the United States and China is different, the applicant can not blindly apply for the United States businessBid. Because according to the provisions of the trademark Law of the United States, applying for a trademark in the United States must be a trademark that has been used in the United States or intends (attempts) to be used in the United States, and the trademark that has been used needs to be submitted at the time of application for proof of use, if it is intended to be used, it must be used in the United States and submit the corresponding proof within a certain period of time after the application. Otherwise, it will affect the licensing and protection of the trademark in the United States.
Member States of the Instrument of Agreement:
Up to2003yearstwelvemonth30As of today, the Agreement is in place53Member States: Albania, Algeria, Armenia, Austria, Azerbaijan, Belarus, Belgium, Bhutan, Bosnia and Herzegovina, Bulgaria, China, Croatia, Cuba, Czech Republic, Democratic People's Republic of Korea, Egypt, France, Germany, Hungary, Italy, Kazakhstan, Kenya, Kyrgyzstan, Latvia , Lesotho, Liberia, Liechtenstein, Luxembourg, Monaco, Mongolia, Morocco, Mozambique, Netherlands, Poland, Portugal, Republic of Moldova, Romania, Russian Federation, SAN Marino, Sierra Leone, Slovakia, Slovenia, Spain, Sudan, Eswatini, Switzerland, Tajikistan, the Former Yugoslav Republic of Macedonia, Ukraine Klan, Uzbekistan, Vietnam, Yugoslavia, Iran.
To apply for international trademark registration through Madrid, the following documents and materials must be provided:
one, applicant's name and address (in Chinese and English);
2The name and position of the legal representative;
3The class of the trademark applied for and the name of the trade to be used (if there is a fixed English translation, provided together);
4Black and white trademark pattern10Chang, no more than8x8cm, If color protection is required, color drawings must be submitted.
5A copy of the registration certificate of the trademark application; If the registration certificate contains transfer or license, the transfer or license certificate shall be submitted;
6A copy of the business license of the enterprise legal person.
Eu trademark registration
Registered by the European Community, once registered, the European Community27All countries are valid.
Registered with the African Intellectual Property Organization
Registered through the member States of the African Intellectual Property Organization (16Valid in each country), registered through the African Regional Industrial Property Organization (6Valid for each country).
Register directly with the designated country
The applicant may apply for trademark registration directly with one or more countries if necessary. The firm has established long-term friendly cooperative relations with many first-class intellectual property law firms or law firms abroad, and can provide customers with international trademark registration services including Southeast Asian countries, Middle East countries, American countries and most countries in Europe. Applying for trademark registration directly to the country of registration can be handled without first obtaining domestic registration. Registration time: Due to the different systems and efficiency of different countries, the time required from the filing of the trademark application until the registration is generally at least requiredoneThis year. Application fees also vary from country to country.