What are the procedures for foreign-related trademark registration
Prepare corresponding materials and submit them to the declaration department.
Material requirements:
(1) Product trademarks and service trademarks
A document proving the qualification of the subject. That is, legal certification documents that can prove the legal status of the trademark applicant in the country where it belongs, such as certificates of identity and nationality.The identity certificate of a foreign natural person is an ID card or passport. , the proof of habitual residence is a residence permit; the identity proof of Hong Kong and Macao natural persons is a passport or ID card, and the proof of habitual residence is a mainland travel permit valid for more than one year; the application document for Taiwanese is a mainland travel permit valid for more than one year. At the same time, the identity certificate number should be marked after the applicant’s Chinese name.
Foreign enterprises shall follow the enterprise registration documents stipulated in the enterprise registration laws of the country where they are located.
Attached are several other relevant supporting materials and domestic trademark registration. Certificates, reciprocal agreement documents, product lists, etc. The attached relevant documents should also undergo notarization and authentication procedures. These notarization and certification procedures are handled according to the principle of equality. If the country where the trademark applicant belongs does not require Chinese applicants to go through the certification and notarization procedures when applying for trademark registration in that country, my country does not require them to go through the notarization and certification procedures. , and vice versa.
One original and one copy of the trademark attorney’s power of attorney . (The power of attorney shall state the content of the agency, the authority and the nationality of the principal, and undergo impartiality and authentication procedures. Notarization and authentication of relevant certificates shall be handled in accordance with the principle of reciprocity.)
One original and two copies of the trademark registration application form. One trademark registration application form is limited to one application per class. Trademark, and use Chinese;
According to the application form It is required to indicate in Chinese and foreign languages:
Application Name of person, applicant address, whether it is a joint application, postal code, contact person, telephone number (including area code), fax (including area code), trademark type (general, collective, certification, three-dimensional, color, there are 5 types in total, according to The characteristics of the applied trademark (choose one of general, three-dimensional, and color), trademark description, category (where the trademark is applied for), goods or services (for which the trademark is applied for), and finally the "Applicant Seal-Stamp (Signature) )"The applicant's signature should be written in one column. If two or more natural persons jointly apply for the same trademark, they must sign at the same time;
Description:
1. The applicant’s name and address must be in both Chinese and English;
2. The applicant's address (including Chinese and English) should be filled in in detail, in order of country (region) city (town) block and house number;
3. For applicants whose native language is non-English speaking, the applicant’s name and address must be in Chinese In addition to the two English languages, the native language can also be used at the same time;
4. The product name is (or contains) a foreign language or a transliteration, which must be translated into Chinese, and an instruction manual should be attached to explain the meaning;
5. If the form cannot be filled in, an additional list can be attached.
▲Please fill in the applicant’s name and address in English , English capital letters should be used uniformly.
▲Trademark applicationWritten confirmation of the Chinese translation of the person’s foreign name.
▲Trademark pattern (the pattern size should not be larger than 10 *10 cm, not less than 5*5 cm). If it is a trademark pattern with an unspecified color, 5 black and white ink drawings are required (of which 1 black and white ink drawing should be pasted in the pattern frame of the trademark registration application, and the remaining 4 black and white ink drawings are attached separately); if it is a specified color The trademark drawings require 5 designated color drawings and 1 black and white ink drawing (among them, 1 color drawing should be pasted in the pattern frame of the trademark registration application form, and the remaining 4 colored drawings and one Black and white ink manuscript attached).
▲If you apply for a registered trademark with a three-dimensional logo, you should Submit drawings that can determine the three-dimensional shape (provide at least three views that can fully illustrate the three-dimensional structure), and the drawings should all be placed in the grid on the back of the application form.
▲ Apply for trademark registration using portraits and names If required, a letter of authorization signed by the right holder of the portrait and name must be provided and notarized by a notary public. Only proof of the authenticity of the portrait or certification materials related to the right holder of the portrait are invalid. If it is a virtual portrait, it should be Indicate this in the trademark description.
▲In accordance with Article 25 of the Trademark Law Article 1 stipulates that if the trademark applicant's country is a member of the Paris Convention and claims priority, he should submit a written statement. The written statement must state the date of the first registration application, the application number and the country that accepted the application. name. And submit a copy of the first trademark registration application filed in another member country of the Paris Convention. The copy should be certified by the trademark management authority of that country and indicate the application date and application number. Copies do not require certification. However, other certificates required by the Trademark Office must be certified. When requesting priority, if the above-mentioned copies and relevant certificates are not complete, they can be submitted within 3 months after filing the application for trademark registration. If the above-mentioned copies and relevant certificates are not submitted or are not submitted within the time limit, it will be deemed that priority has not been claimed.
▲According to the provisions of Article 8 of the "Regulations on the Implementation of the Trademark Law", in accordance with the Trademark Law If the various certificates, supporting documents and evidential materials submitted in accordance with the provisions of these Regulations are in foreign languages, a Chinese translation shall be attached. If not attached, the certificate, supporting documents or evidential materials shall be deemed not to have been submitted.
(2) Collective trademark
▲A document proving the qualification of the subject. That is, a legal document in which the trademark applicant has registered in accordance with the law and has legal personality, and the names and addresses of the members of the collective organization should be stated in detail in the certification document;
If you apply for registration of a geographical indication as a collective trademark, you must specify in the subject qualification certification document what you have or entrust. The organization has professional technical personnel, professional testing equipment, etc. to show that it has the ability to supervise the specific quality of the geographical indication products;
The group, association or other organization that applies to register a geographical indication as a collective trademark shall be composed of members from the region indicated by the geographical indication.
▲Applying for registration of a geographical indication as a collective trademark , the applicant should provide proof that the geographical indication is legally protected in its name in its country of origin.
▲ Attached are several other relevant supporting documents, such as certificates of identity and nationality, domestic trademark registration certificates, reciprocal agreement certificates, product lists, etc. The attached relevant documents should also undergo notarization and certification procedures. Regarding these notarizations , Certification procedures are handled based on the principle of equality. If the country where the trademark applicant belongs does not require Chinese applicants to go through certification and notarization procedures when applying for trademark registration in that country, my country may not require them to go through notarization and certification procedures, and vice versa. Same.
▲Original and copy of the trademark attorney's power of attorney One copy each. (The power of attorney should state the content of the agency, authority and the nationality of the principal, and go through the procedures for impartiality and authentication. Notarization and authentication of relevant certificates shall be handled in accordance with the principle of reciprocity.)
▲One original and two copies of the trademark registration application form. One trademark registration application form is limited to Apply for one trademark per class and use Chinese;Indicate in Chinese and foreign languages according to the requirements of the application:
Applicant name, applicant address, whether it is a joint application, postal code, contact person, telephone number (including area code), fax (including area code), trademark type (general, collective, certification, three-dimensional, color, There are 5 types in total. According to the characteristics of the applied trademark, choose one among general, three-dimensional and color), trademark description, category (where the applied trademark is located), goods or services (for which the trademark is applied for), and finally the "applicant" The applicant's signature should be entered in the "Seal-Stamp (Signature)" column. If two or more natural persons jointly apply for the same trademark, they must sign at the same time;
Description:
1. The applicant's name and address must be in both Chinese and English;
2. The applicant's address (including Chinese and English) should be filled in in detail, in order of country (region) city (town) block and house number;
3. Applicants whose native language is from a non-English speaking country, In addition to the applicant’s name and address being required to be in both Chinese and English, the applicant’s name and address can also be in their own language;
4. The product name is (or contains) a foreign language or transliteration, which must be translated into Chinese, and an instruction manual should be attached to explain the meaning;
5. If the form cannot be filled in, an additional checklist can be attached.
▲With geographical indications If it is a collective trademark, the following content should also be stated in the application:
1. The specific quality, reputation or other characteristics of the goods marked by the geographical indication;
2. The specific quality, reputation or other characteristics of the product are consistent with the natural and human factors of the area marked by the geographical indication. Relationship;
3. The geographical indication marked Scope of region;
▲Please fill out the application in English The name and address of a person should be written in English capital letters.
▲Written confirmation of the Chinese translation of the trademark applicant’s foreign name.
▲Trademark pattern (the size of the pattern should be no larger than 10*10 cm and no less than 5*5 cm). For trademark patterns with unspecified colors, 5 black and white ink drawings are required (including 1 black and white ink drawing) The draft should be pasted in the pattern frame of the trademark registration application form, and the remaining 4 black and white ink drafts are attached separately); for the trademark pattern of the specified color, 5 colored drafts of the specified color and 1 black and white ink draft (including 1 The color drawings should be pasted in the drawing frame of the trademark registration application form, and the remaining four coloring drawings and one black and white ink drawing are attached separately);
▲The trademark applicant shall issue a power of attorney or letter of introduction to the direct person in charge (that is, the trademark registration applicant shall prove that the direct person in charge of the trademark registration directly The identity of the person in charge is related to it);
▲The original ID card and a copy of the ID card of the person directly in charge;
▲A full text document of the management rules for the use of the applied collective trademark. The management rules should generally include the following points:
(1) Name, address, legal representative, business scope (project), etc. of industrial and commercial groups, associations or other collective organizations;
(2) The purpose (meaning, purpose) of using the collective trademark;
(3) The meaning of the trademark (logo);
(4) Collective members who use the trademark (name, address, legal representative, etc.);
(5) The quality or quality standards of the goods or services provided using the collective trademark;(6) Conditions for using the collective trademark, Procedures, procedures;
(7) Use of the collective Trademark rights and obligations;
(8) Responsibilities of members who violate their usage management rules;
(9) The amount and purpose of management fees;
(10) The rights and obligations of the registrant and the inspection and supervision system for goods using the collective trademark.
▲In accordance with Article 25 of the Trademark Law Article 1 stipulates that if the trademark applicant's country is a member of the Paris Convention and claims priority, he should submit a written statement. The written statement must state the date of the first registration application, the application number and the country that accepted the application. name. And submit a copy of the first trademark registration application filed in another member country of the Paris Convention. The copy should be certified by the trademark management authority of that country and indicate the application date and application number. Copies do not require certification. However, other certificates required by the Trademark Office must be certified. When requesting priority, if the above-mentioned copies and relevant certificates are not complete, they can be submitted within 3 months after filing the application for trademark registration. If the above-mentioned copies and relevant certificates are not submitted or are not submitted within the time limit, it will be deemed that priority has not been claimed.
▲According to the Eighth Regulation on the Implementation of the Trademark Law According to the provisions of Article 1, if the various certificates, supporting documents and evidential materials submitted in accordance with the provisions of the Trademark Law and these Regulations are in foreign languages, a Chinese translation shall be attached. If not attached, the certificate, supporting documents or evidential materials shall be deemed not to have been submitted. 3. Certification trademark
▲Subject qualification certification document 1 share. That is, the trademark applicant has registered in accordance with the law and has legal person qualifications, and should provide legal documents issued by its main management department (or according to the actual situation and practice of the country where it is located).Documents proving that the applicant has the ability to supervise the quality of the specific goods certified by the certification mark for certain goods or services, such as industrial or commercial register documents or association registration documents, etc.
▲Applying for registration of a geographical indication as a certification mark , the applicant should provide proof that the geographical indication is legally protected in its name in its country of origin.
▲Attached are some other relevant supporting materials, such as identity , Nationality certificate, national trademark registration certificate, reciprocal agreement certificate, product list, etc. The attached relevant documents should also undergo notarization and authentication procedures. These notarization and certification procedures are handled according to the principle of equality. If the country where the trademark applicant belongs does not require Chinese applicants to go through the certification and notarization procedures when applying for trademark registration in that country, my country does not require them to go through the notarization and certification procedures. , and vice versa.
▲One original and one copy of the trademark attorney’s power of attorney share. (The power of attorney shall state the content of the agency, the authority and the nationality of the principal, and undergo impartiality and authentication procedures. Notarization and authentication of relevant certificates shall be handled in accordance with the principle of reciprocity.)
▲One original and two copies of the trademark registration application. One trademark registration application is limited to one category and one application. trademark, and use Chinese;
According to the application form The requirements should be stated in Chinese and foreign languages respectively:
Applicant name, applicant address, whether it is a joint application, postal code, contact person, telephone number (includingArea code), fax (including area code), trademark type (general, collective, certification, three-dimensional, and color, there are 5 types in total. Choose one of general, three-dimensional, and color according to the characteristics of the applied trademark), trademark description, The category (of which the trademark is applied for), the goods or services (for which the trademark is applied for), and finally the applicant's signature must be signed in the "Applicant Seal-Stamp (Signature)" column. Two or more natural persons are applying for the same trademark together. All must be signed at the same time;
Note:
1. The applicant’s name and address must be in both Chinese and English;
2. Applicant’s address (incl. English) should be filled in in detail, in order of country (region) city (town) block and house number;
3. For applicants whose native language is from a country other than English, in addition to having to use both Chinese and English characters, the applicant's name and address can also use their native language;
4. The product name is (or contains) a foreign language or transliteration, and it must be Translated into Chinese, with instructions explaining the meaning;
5. If the form cannot be filled in, you can attach an additional list.
▲Registered with a geographical indication as a certification mark, the following content should also be stated in the application:
(1) The specific quality, reputation or other characteristics of the goods marked by the geographical indication;
(2) The relationship between the specific quality, reputation or other characteristics of the product and the natural and human factors of the area marked by the geographical indication;
(3) The scope of the area marked by the geographical indication.▲Please fill in the applicant’s name and address in English , English capital letters should be used uniformly.
▲The Chinese translation of the trademark applicant’s foreign name Written confirmation.
▲Trademark pattern (the pattern size should not be larger than 10 *10 cm, not less than 5*5 cm). For trademark drawings with unspecified colors, 5 black and white ink drawings are required (of which, 1 black and white ink drawing should be pasted in the drawing frame of the trademark registration application, and the remaining 4 black and white ink drawings are attached separately); for trademark drawings with specified colors, 5 color drawings and 1 black and white ink drawing of the specified color are required (among them, 1 color coloring drawing should be pasted in the pattern box in the trademark registration application form, and the remaining 4 coloring drawings and one black and white ink drawing should be separately attached).
▲A full document of the management rules for use of the certification mark applied for. The management rules should generally include the following points:
(1) The name, address, legal representative, business scope, etc. of the social organization with the ability to detect and supervise;
(2) The purpose (meaning, purpose) of using the certification mark;
(3)Trademark (logo) meaning;
(4) The specific qualities and characteristics of the goods or services certified by the certification mark;
(5) Conditions, procedures and procedures for using the trademark;
(6) Rights and obligations of using the certification mark;
(7) Responsibilities of users who violate the usage management rules;
(8) The rights and obligations of the registrant and the rights and obligations for goods using the certification mark Inspection and supervision system.
If a foreigner or foreign enterprise applies for registration of a geographical indication as a collective trademark or certification mark, the applicant shall provide the Proof that a geographical indication is legally protected in its name in its country of origin.
▲According to Article 25 of the Trademark Law, if the trademark applicant’s country is a member state of the Paris Convention and claims priority, he should submit a written statement, which must state the first The date, application number and name of the country that accepted the application. A copy of the first trademark registration application filed in another member country of the Paris Convention shall be submitted. The copy shall be certified by the trademark administrative authority of that country and marked with Please indicate the application date and application number. The copy does not need to be certified. However, other certificates required by the Trademark Office must be certified. When requesting priority, if the above copies and relevant certificates are not complete, you can do so 3 days after filing the trademark registration application. Submit within the month. Failure to submit or failure to submit the above copies and related documents within the time limit shall be deemed as not claiming priority.
▲According to the provisions of Article 8 of the "Regulations on the Implementation of the Trademark Law", the various certificates, supporting documents and evidence materials submitted in accordance with the provisions of the Trademark Law and these Regulations are in foreign languages, The Chinese translation should be attached. If it is not attached, it will be deemed that the certificate, supporting documents or evidence materials have not been submitted.
"Requirements and precautions for filling in application documents for trademark registration by foreign applicants"
1. The application for trademark registration should be in the format designated by the Trademark Office of the State Administration for Industry and Commerce.
Attachment:"Trademark Registration Application Form" (applicable to commodity trademarks, service marks, collective trademarks, certification marks) latest format
"Application for Trademark Registration" (front) (foreign applicant)
"Application for Trademark Registration" (reverse side)
"Application for Trademark Registration" (attached pages)
2. Trademark registration applications and other relevant documents should be in Chinese, and the fonts should be standard simplified characters. It must be filled out using a typewriter/printer and in the printing format specified by the State Administration for Industry and Commerce Trademark. Any application that has not been printed or is not clearly printed or has illegible handwriting, has been altered and is difficult to identify or is easily misidentified will be returned by the Trademark Office and will not be accepted.
3. The applicant’s name should match the country of origin The names on the legal documents proving legal status (such as certificates of identity and nationality) are exactly the same and cannot be changed at will;
If two or more applicants jointly apply to register the same trademark, the name and address of the representative should be filled in the name and address columns of the applicant (if there is no designated representative , the first person listed in order in the application shall be the representative), other co-applicants shall fill in their names in the additional pages of the application form (addresses are not required).
4. The applicant's name and address must be in both Chinese and English. If the applicant's name and address are filled in in English, English capitals should be used. For applicants whose native language is a non-English speaking country, the applicant's name must be written in both Chinese and English. In addition to the address having to be written in both Chinese and English, the address can also be written in the native language at the same time. The order in which the applicant's address (including Chinese and English) should be filled in in detail is: country (region) city (town) block and house number.
5. For foreign applicants who have registered trademarks in China multiple times , the applicant’s translated name should be consistent. If the owner’s name of the originally registered trademark is inconsistent with the currently confirmed translated name, you should apply to the Trademark Office for name change procedures. If the applicant is a natural person, you must fill in the ID card after the applicant’s name. number, otherwise it will not be accepted.
6. Trademark registration applications and other documents must be in Chinese, and foreign language documents must be accompanied by a Chinese translation. If not attached, it will be deemed that the certificate, supporting documents or evidence materials have not been submitted.
7. If you entrust a trademark agency organization to apply as an agent, you should fill in the name of the agency organization and stamp it with the seal of the agency organization. and the agent's signature. The entrusted trademark agency must hold the "Trademark Agent Practice Certificate" recognized by the Trademark Office of the State Administration for Industry and Commerce, otherwise the trademark will not be accepted. If you apply directly without entrusting an agent, you do not need to fill in Agency column.
8. Type of trademark applied for, You should check the box according to the characteristics of the trademark you are applying for. The items "general, collective, certification" are single choices, and the items "three-dimensional, color" are check-boxes, that is:
When applying for a commodity trademark or service mark, select the "General" option, and when applying for a collective trademark, select "Collective"Item, select the "certification" item when applying for a certification mark;
If any of the above (goods, services, collectives, certifications) application trademarks use three-dimensional marks as trademark components and combinations, please check the "three-dimensional" item;
Any of the above (goods, services, collectives, certifications) applied for trademarks that use color combinations as trademark components For elements and their combinations, in addition to the one selected in the first three items and the "Three-dimensional" item, the "Color" item should be checked. 9. Trademark description refers to the applicant’s concise explanation of the combination, meaning, and origin of his trademark, as well as his declaration of waiving exclusive rights for a certain part of the trademark design, etc. If there is no need to explain, you can leave it blank. However, for the following situations, it should be filled in according to regulations,
For If the product name is (or contains) a foreign language or a transliteration, it must be translated into Chinese and accompanied by an instruction manual. It should indicate which language it is in and the corresponding meaning. Otherwise, the Trademark Office may interpret it according to similar Chinese or English meanings during review. , or make meaningless explanations.
Special fonts should be described in text, otherwise , it may be classified or listed as graphics during review;
If the applied trademark is of a designated color (color pattern), the "designated color" must be stated. If not stated, the trademark registration application will be processed based on the black and white color pattern;
For applications for three-dimensional trademarks, drawings that can determine the three-dimensional shape should be submitted (attachment) and detailed instructions;For applying for color combination trademarks , a text description should be submitted, preferably indicating the number of the designated color. If the color number cannot be specified, the actual color used in the trademark drawing at the time of application shall prevail.
10. The category should be filled in in accordance with the national industrial and commercial administration Fill out the application by category according to the "Classification Table of Similar Goods and Services" (2002 Edition) formulated by the Trademark Administration Bureau. If the same applicant uses the same trademark on different categories of goods/services, they should file separate applications, that is, the principle of one type of goods/services, one trademark, and one application shall be implemented.
11. Filling in the goods and services should be Try to fill in the form in accordance with the standardized product names or service items in the "Classification Table of Similar Goods and Services" (2002 Edition) formulated by the State Administration for Industry and Commerce. If the product name or service item applied for is not a standard name in the "Classification Table of Similar Goods and Services" but is a standard name in the industry, industry standards or product instructions should be attached; if the product name applied for has not been included in the "Classification List of Similar Goods and Services", Products listed in the "Commodity and Service Classification Table" that are new types and rare products can be accompanied by instructions that specifically describe the nature, materials, and functions of the product. Similar group names of similar goods and services in the "Classification Table of Similar Goods and Services" shall not be used to fill in the product names or service items.
In the product/service column, all The number of reported goods/services is generally less than 10 (it can also exceed 10, but an additional 100 yuan registration fee will be charged for each item exceeded). Each product or service is divided into two columns. If the items cannot be filled in, an additional page should be added. , and indicate the number of attached pages in the "Attachment" column. At the same time, a deadline stamp should be stamped at the end of the product/service item and the word "Deadline" should be marked.
Some goods/services that have been accepted in previous applications cannot be used as the basis for future applications due to factors such as changes in classification tables and human errors.
12. The trademark applicant should paste the applied trademark pattern on the trademark registration application form In the "Trademark Pattern" column (on the back), the direction of affixing is the designated direction. The trademark pattern should be made of smooth and durable paper or photos that are easy to paste. Hard, plastic or other materials that cannot be pasted shall not be used. Trademark pattern. The length and width of the trademark pattern shall not be greater than 10 cm and not less than 5 cm. The trademark pattern shall not bear the words "registered trademark", "brand" or "R", "note" and other marks, nor shall it bear the trademark name , specifications, company names, quality marks and other words and graphics unrelated to trademarks.
12. Trademark applicants and trademark agents are not allowed to change the format and content of the trademark application form at will.
I believe that after reading the above introduction, you have a certain understanding of the legal knowledge on how to solve the responsibilities that need to be paid attention to. If you still have some questions about this For any legal questions, please consult the lawyers on the Legal Savior Network, and they will provide you with professional answers.
