Basic Principles For Registration Of Foreign Trademark Applications In Shenzhen

Foreign trademark: foreign trademark owner applies for trademark registration in China or trademark registration of China's export commodities.

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"The seventeenth article states:" foreigners or foreign enterprises applying for trademark registration in China shall be dealt with according to the agreements signed by their respective countries and People's Republic of China or the international treaties to which they are jointly participating or in accordance with the principles. "

This is the principle that should be followed when foreigners or foreign enterprises apply for trademark registration in China.

1. where a reciprocal agreement has been reached between the applicant's country and China, it shall be handled according to the bilateral treaty.

A trademark reciprocity agreement is an agreement signed by the applicant's country and our country through signing or exchanging letters.

In accordance with the provisions of bilateral treaties, applicants are usually entitled to national treatment.

2. in accordance with international treaties jointly attended by both countries.

China has taken part in the Paris Convention for the protection of industrial property. The Convention provides clear rules for the registration and enjoyment of trademark rights among Member States.

The issue of trademarks between China and other member states can be handled in accordance with the provisions of the Paris convention.

3. conduct according to the principle of reciprocity.

If the applicant's country and China have not signed a trademark reciprocity treaty, nor have they jointly participated in the international conventions on trademarks, so long as the other countries agree to accept China's trademark registration, China will be able to register the trademark of the other country in China on the same side.

The treatment enjoyed by the applicant is also strictly handled in accordance with the principle of reciprocity.

In applying for trademark registration in foreign countries, we must entrust the designated trademark agency in China to act as trademark registration agent in accordance with the law of our country.

Trademark protection implements territorial principle and has been registered in China.

It is protected by law only in the scope of China. It has no right to exclusive use of trademarks in other countries, and it can not be protected by foreign laws.

With the rapid expansion of China's foreign trade, the impact of foreign trade on China's economic development is bigger and bigger. Therefore, it is of great significance for the smooth development of China's market economy to raise awareness of the significance of applying for trademark registration abroad and actively apply for registration in foreign countries.

1. preparation before registration

(1) to understand the relevant situation: we should understand the trademark laws and regulations of the countries concerned and the actual practice of the registration authorities, and trademark enquiries, that is, to understand the registered trademarks of the commodities (services) that we intend to register, so as not to be dismissed because the trademarks that they apply for registration are identical or similar to those registered by others; the customs and taboos of the countries concerned, if the registered trademark designs are bogus, they can not be registered; if the designs of the trademarks are not popular according to the customs of the countries, the commodities that use the trademarks will not have a good market prospect.

(2) hire agents: countries generally require foreigners to apply for trademark registration to entrust their own agents.

Actually, hiring an agent has many advantages, because

Being familiar with the trademark law system and registration procedure in China, it can provide valuable reference for the applicant and enable the trademark registration to proceed smoothly.

(3) prepare the application documents and related materials: all countries have strict requirements for registration application documents, and some also require the relevant supporting materials. They must prepare the application documents and related materials according to the requirements so as to ensure the success of the application.

2. application mode

(1) international registration through the Madrid Agreement and the Madrid Protocol.

(2) apply separately through agents.

To apply for trademark registration by Member States of the non Madrid Agreement and Madrid Agreement, and apply separately through agents.

The international registration of trademarks refers to trademark registration under the Madrid Agreement on the international registration of trademarks and the protocol relating to the Madrid Agreement on the international registration of trademarks. This registration enables trademark owners to obtain trademark registration in a number of members of the agreement through one application, one procedure and one fee according to their own needs, which undoubtedly saves the time and cost of registration.

Since China joined the Madrid Agreement in 1989, all Chinese trademark owners who need to apply for trademark registration in other countries of the Madrid alliance can register internationally according to the agreement and protocol.

1. eligibility of applicants

In order to apply for international registration of trademarks, we must first obtain trademark registration or obtain initial approval in China, and must meet one of the following requirements:

(1) there are real and effective places of business in our country.

(2) residence in China;

Possession of our nationality.

2. application procedures

China's trademark owners can adopt two ways for International Registration:

(1) direct registration, that is, the application for international registration of trademarks and the renewal, pfer, alteration or other related matters of international registration, can be directly handled by the Trademark Office of the State Administration for Industry and commerce. If the applicant directly handles the application, the applicant shall complete the application. If the plation is really difficult, the Trademark Office may arrange the plation.

(2) agency system, that is, the application by the applicant to the agency appointed by the State Administration for Industry and commerce.