1. What is the procedure for international trademark registration?
(1) )International trademark registration procedures:
1. Proof of applicant’s qualifications, that is, a copy of the business license and a copy of the personal ID card;
2. Application for international registration, stamped with official seal;
3. Copy of domestic "Trademark Registration Certificate", Or a copy of the "Notice of Acceptance";
4. Trademark pattern. If it is a color trademark, a color trademark pattern must also be attached;
5. International trademark agency letter of attorney;
6. International trademark agency service entrustment contract;
7. International trademark application service confirmation letter.
(2) International trademark registration process:
1. Submit
Submit the application to the International Office of the Trademark Office2. Review
The International Office conducts formal examination
3. Submit to the International Bureau
After passing the formal examination by the International Office, it will be submitted to the International Bureau for formal examination
4. Issuing certificate
p>If the application procedures for international trademark registration are complete, it will take about 6 months. The International Bureau can issue a certificate of international trademark registration (the effect is equivalent to the domestic acceptance notice)
5. Examination in the designated country
The International Bureau will transmit the application to the country designated for protection, and each country shall Review the laws of the country
6. Designate countries to approve protection
When applying for international trademark registration Each country designated for protection will decide whether to grant protection in accordance with their respective national laws.
2. What are the provisions for the protection of exclusive rights to Registered trademarks?
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Legal basis: "Trademark Law of the People's Republic of China"
56 The exclusive right to use a registered trademark shall be limited to the trademark approved for registration and the goods approved for use.
Article 57 Anyone who commits any of the following acts shall infringe the exclusive right to use a registered trademark:
(1) Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant;
(2) Failure to With the permission of the trademark registrant, a trademark similar to the registered trademark is used on the same product, or a trademark that is identical or similar to the registered trademark is used on similar products, which is likely to cause confusion;
(3) Selling goods that infringe the exclusive rights of registered trademarks;
(4) Counterfeiting, unauthorized production or sales of registered trademarks of others Counterfeiting or making unauthorized registered trademark signs;
(5) Without the consent of the trademark registrant, replacing the registered trademark and putting the goods with the replaced trademark back into the market Market;
(6) Intentionally providing facilities for infringement of other people’s trademark exclusive rights and helping others to carry out infringement of trademark exclusive rights;
(7) Causing other damage to the exclusive right to use registered trademarks of others.
Article 58: Anyone who uses someone else’s registered trademark or unregistered well-known trademark as a business name to mislead the public and constitute unfair competition shall be punished. Handled in accordance with the Anti-Unfair Competition Law of the People's Republic of China.
Article 59: The common name, graphics, model of the product contained in the registered trademark, or directly indicating the quality, main raw materials, functions, and uses of the product , weight, quantity and other characteristics, or the place names they contain, the owner of the exclusive right to a registered trademark has no right to prohibit others from using them properly.
Three-dimensional mark registered trademark contains a shape resulting from the nature of the product itself, a shape of the product necessary to obtain technical effects, or a shape that makes the product have substantial value Shape, the owner of the exclusive right to a registered trademark has no right to prohibit others from using it legitimately.
Before the trademark registrant applies for trademark registration, others have already used the same or similar registered trademark on the same or similar goods before the trademark registrant and have certain similarities. If a trademark is affected, the owner of the exclusive right to a registered trademark has no right to prohibit the user from continuing to use the trademark within the original scope of use, but may require the user to attach an appropriate distinguishing mark.
If they are willing to negotiate or if negotiation fails, the trademark registrant or interested party may bring a lawsuit to the People's Court or request the industrial and commercial administrative department to handle the matter.
If the administrative department for industry and commerce determines that the infringement is established, it shall order the infringement to cease immediately, confiscate and destroy the infringing goods and those mainly used in the manufacture of infringing goods and counterfeit goods. Tools with registered trademarks, if the illegal business volume exceeds 50,000 yuan, a fine of not more than five times the illegal business volume may be imposed; if there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed . Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them.
For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation from the industrial and commercial administrative department handling the matter, or may file a dispute in accordance with the Civil Procedure Law of the People's Republic of China. 》Sue in the People's Court. economicsIf the parties fail to reach an agreement through mediation with the administrative department of the People's Republic of China or fail to perform the mediation agreement after it takes effect, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.
Article 61: The industrial and commercial administrative department has the right to investigate and deal with any infringement of the exclusive rights of registered trademarks in accordance with the law; if a crime is suspected, it shall be promptly transferred to the judicial authority in accordance with the law. deal with.
Article 62: The industrial and commercial administration departments at or above the county level shall, based on the obtained evidence or reports of suspected violations of the law, investigate and investigate acts suspected of infringing upon the exclusive rights of others to register trademarks. During investigation and punishment, the following powers may be exercised:
(1) To inquire the relevant parties and investigate the situation related to the infringement of the exclusive rights of registered trademarks of others;
(2) Check and copy the parties’ contracts, invoices, account books and other relevant materials related to the infringing activities;
(3) Conduct on-site inspections of places where parties are suspected of engaging in activities that infringe on the exclusive rights of others’ registered trademarks;
(4) Inspect items related to infringing activities; Articles that are proved by evidence to infringe the exclusive rights of others' registered trademarks may be sealed or seized.
When the administrative department for industry and commerce exercises the powers stipulated in the preceding paragraph in accordance with the law, the parties concerned shall provide assistance and cooperation and shall not refuse or obstruct it.
In the process of investigating and handling trademark infringement cases, if there is a dispute over trademark ownership or the right holder simultaneously files a trademark infringement lawsuit in the People's Court, the industrial and commercial administration department may suspend the Investigation and handling of cases. After the reasons for the suspension are eliminated, the case investigation and handling procedures shall be resumed or terminated.
Article 63 The amount of compensation for infringement of the exclusive right to use a trademark shall be determined based on the actual losses suffered by the right holder due to the infringement; if the actual losses are difficult to determine, the amount of compensation may be It shall be determined based on the benefits obtained by the infringer due to the infringement; if it is difficult to determine the loss of the right holder or the benefits obtained by the infringer, it shall be reasonably determined by reference to the multiple of the trademark license fee. For malicious infringement of trademark exclusive rights and the circumstances are serious, the amount of compensation may be determined to be not less than one time but not more than five times the amount determined according to the above method. The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement.
In order to determine the amount of compensation, the people's court has to provide evidence after the right holder has done its best, and the account books and materials related to the infringement are mainly provided by the infringer.If it is known, the infringer can be ordered to provide account books and information related to the infringement; if the infringer fails to provide or provides false account books and information, the people's court can determine the amount of compensation with reference to the rights holder's claims and the evidence provided.
If it is difficult to determine the actual losses suffered by the right holder due to the infringement, the benefits obtained by the infringer due to the infringement, and the registered trademark license fee, the People's Court shall decide based on Depending on the circumstances of the infringement, a compensation of less than five million yuan may be awarded.
When hearing trademark dispute cases, the People's Court shall, at the request of the rights holder, order the destruction of goods belonging to counterfeit registered trademarks, except under special circumstances; goods mainly used for manufacturing Materials and tools used to counterfeit goods with registered trademarks shall be ordered to be destroyed without compensation; or in special circumstances, the aforementioned materials and tools may be ordered to be prohibited from entering commercial channels without compensation.
Goods with counterfeit registered trademarks shall not enter commercial channels after only removing the counterfeit registered trademarks.
The owner of the exclusive right to a registered trademark may be required to provide evidence of actual use of the registered trademark within the previous three years. If the owner of the exclusive right to a registered trademark cannot prove that the registered trademark has actually been used within the previous three years, nor can he prove that he has suffered other losses due to infringement, the alleged infringer will not be liable for compensation.
Selling goods that are not known to infringe the exclusive rights of registered trademarks, and can prove that the goods were obtained legally and indicate the supplier, will not be liable for compensation.
Article 65 If a trademark registrant or interested party has evidence proving that others are committing or about to commit acts that infringe upon the exclusive right to use a registered trademark, if the If the suppression will cause irreparable damage to their legitimate rights and interests, they may apply to the People's Court to take measures to order the cessation of relevant behaviors and property preservation before filing a lawsuit in accordance with the law.
Article 66: In order to stop infringement, if the evidence may be lost or difficult to obtain in the future, the trademark registrant or interested parties may sue in accordance with the law. Apply to the People's Court for evidence preservation beforehand.
Article 67 If the use of a trademark identical to the registered trademark on the same kind of goods without the permission of the trademark registrant constitutes a crime, in addition to compensation for the infringement In addition to personal losses, criminal liability shall be pursued in accordance with the law.
If a person forges or manufactures other people's registered trademarks without authorization or sells counterfeit or unauthorized registered trademarks, which constitutes a crime, in addition to compensating the losses of the infringed party, criminal liability shall be pursued in accordance with the law.
Article 68 If a trademark agency commits any of the following acts, the administrative department for industry and commerce shall order it to make corrections within a time limit, give a warning, and impose a fine of not less than 10,000 yuan and ten A fine of not more than 10,000 yuan; the directly responsible person in charge and other directly responsible personnel shall be given a warning, and a fine of not less than 5,000 yuan but not more than 50,000 yuan shall be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law:
(1) Forging, altering, or using forged or altered legal documents, seals, or signatures in the process of handling trademark matters;
(2) To solicit trademark agency business by slandering other trademark agencies or disrupting the order of the trademark agency market by other improper means;
(Three) ) violates the provisions of Article 4 and Article 19, paragraphs 3 and 4 of this Law.
(4) Those who apply for trademark registration in bad faith shall be given administrative penalties such as warnings and fines according to the circumstances; those who file trademark litigation in bad faith shall be punished by the people's court in accordance with the law. .
If a trademark agency commits any act specified in the preceding paragraph, it shall be recorded in the credit file by the industrial and commercial administration department; if the case is serious, the Trademark Office and the Trademark Review and Adjudication Board may make a decision Stop accepting its trademark agency business and make an announcement.
If a trademark agency violates the principle of good faith and infringes upon the legitimate interests of its client, it shall bear civil liability in accordance with the law and be punished by the trademark agency industry organization in accordance with its charter.
Article 69: State agency staff engaged in trademark registration, management and review must enforce the law impartially, be honest and self-disciplined, loyal to their duties, and serve in a civilized manner.
Trademark Office, Trademark Review and Adjudication Board and state agency staff engaged in trademark registration, management and review shall not engage in trademark agency business and commodity production and operation activities.
Article 70 The industrial and commercial administrative department shall establish and improve an internal supervision system toSupervise and inspect the implementation of laws, administrative regulations and compliance with disciplines by state agency staff involved in registration, management and review work.
Article 71: Staff members of state agencies engaged in trademark registration, management and reexamination neglect their duties, abuse their power, engage in malpractice for personal gain, and illegally handle trademark registration and management and review matters, accepting property from the parties and seeking illegitimate benefits, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the law; if it does not constitute a crime, shall be punished in accordance with the law.
The process of registering an international trademark is very complicated. It is recommended that the applicant entrust a professional agency to handle it. If an agency is entrusted, a power of attorney is also required to apply. The prerequisite for an international trademark is that the trademark has obtained a trademark registration certificate in China. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
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