More and more mainland enterprises begin to expand the international market, so overseas trademark registration should be put on an equally important position to improve the protection of enterprise interests. How should foreign trademarks be registered?

Nowadays, more and more attention is paid to trademarks. Can we use foreign trademark registration certificates in China? The foreign trademark registration certificate cannot be used directly in China. Instead, an application for permission to use the registration certificate in China must be submitted to the trademark administration department, and it can only be used after being approved. The approval process mainly includes whether someone has registered similar trademarks in China, and whether the trademarks comply with national regulations and public order and good customs.

How should foreign trademarks be registered?

There are two ways to register overseas trademarks:

1. Registration of international organizations. The use of international treaties for registration mainly includes four major systems, namely Madrid, the European Community trademark, the African Intellectual Property Organization, and African and regional intellectual property protection organizations.

2. Single country registration. Based on the regional characteristics of trademark protection, a separate application for trademark registration is filed in each country.

Enterprises can choose the appropriate trademark registration system according to the key exporting countries and key trademark infringement countries of their products. Most enterprises in China choose Madrid trademark registration, that is, trademark registration between member countries of the Madrid Union according to the provisions of the Madrid Agreement on International Trademark Registration or the relevant protocol of the Madrid Agreement on International Trademark Registration.

Different countries and regions have different regulations on trademark registration. If you are not familiar with overseas trademark registration, you can entrust CCPIT or China Council for the Promotion of International Trade to handle it on your behalf.

Is the application procedure for overseas trademark registration complicated?

Trademark registration application procedure:

1. Query: Query the Chinese, English and graphics contained in the trademark to be registered. Our firm will, according to the requirements of the applicant, query whether there are identical or similar trademarks registered first nationwide.

2. Inquiry method: voluntary principle (1) Free inquiry through the trademark inquiry system (30 minutes)

(2) Query trademark files in the National Trademark Office (1 working day)

3. Sort out trademark drawings and prepare trademark application documents. (1 working day)

Procedures required for registration:

1. The company shall provide a copy of its business license for application; Individuals need to provide a copy of their personal ID card and a copy of their business license (clear).

2. The trademark pattern JPG format of the registered trademark.

3. Select ten product service items.

4. Official seal (affix the applicant's seal on the application form, power of attorney, and agreement form; and individual signature).

Time required for registration:

1. The acceptance number document shall be delivered to the Trademark Office of the State Administration for Industry and Commerce in about one month.

2. Four months after the application is accepted, the Trademark Office will conduct substantive examination of the trademark (six months).

3. After passing the substantive examination, that is, about 10-12 months after the application, the Trademark Office will issue a preliminary notice and send it to the applicant.

4. Three months after the date of announcement, the trademark registration will be approved and the official Trademark Registration Certificate will be issued.

5. The total registration time is about 13-18 months.

6. The trademark can be used correctly after the application is filed (do not mark R when using).

What is the domestic priority of foreign trademark registration?

Relevant provisions on domestic priority of foreign trademark registration: [Article 24] Where an applicant for trademark registration files an application for trademark registration with the same trademark for the same goods in China within six months from the date of the first application for trademark registration in a foreign country, it shall, in accordance with the agreement signed between the foreign country and China or the international treaty to which both countries are parties, Or they may enjoy the priority according to the principle of mutual recognition of priority.

Where the right of priority is claimed in accordance with the preceding paragraph, a written declaration shall be made when the application for trademark registration is filed, and a copy of the application document for trademark registration first filed shall be submitted within three months; Where no written declaration is made or the copies of the trademark registration application documents are not submitted within the time limit, the right of priority shall be deemed not to have been claimed. This article is about the provisions on the priority of trademark registration applications.

In the Paris Convention for the Protection of Industrial Property Rights and the Madrid Agreement on the International Registration of Trademarks, which China has joined, there are provisions on the priority of trademark registration applications. Its essence is: based on the formal application of a trademark registration applicant for a trademark in a member country, The same applicant may, within a certain period of time, apply for the protection of the trademark in other Member States. These subsequent applications are deemed to have been filed on the same day as the first application. A trademark is protected by its place of registration. If it is registered within the mainland, it will be protected by the mainland. If it is registered in Hong Kong, it will be protected by Hong Kong. If it is registered in a foreign country, it will be protected by that country.

For example, if the same applicant first applies for the same trademark in the United States, then if he applies for the same trademark in China within six months, he can enjoy the application date in the United States.

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