Overseas trademark and patent registration
What documents are required for overseas trademark and patent registration?
作者:ycadmin   时间:2020-07-09   浏览410 次

Economic globalization has accelerated the pace of domestic enterprises going abroad to explore overseas markets, and more and more domestic enterprises have begun to register overseas trademarks. Do you know how to register a foreign trademark? What materials need to be prepared? What is the registration process? What are the taboos? Don't worry, the editor will now discuss these issues with everyone.

If enterprises want to go abroad and explore international markets, they inevitably need to register overseas trademarks. The question is: What preparations should we make before registering a foreign trademark? Hongyuan International suggests starting with the following tasks:

1. Understand the knowledge of trademark registration in the country of registration

Before registering a foreign trademark, it is best to first understand the laws, regulations, and registration instructions related to trademark registration in the country of registration, such as:

(1) Is trademark registration based on the principle of prior application or prior use;

(2) What are the registration procedures and application documents;

(3) Which logos cannot be registered as trademarks;

(4) Classification Table of Goods and Services;

(5) Application fee;

(6) Trademark search mainly refers to the approximate search of trademarks.

2. It is best to entrust a trademark agency to register on your behalf

Many countries generally require foreigners to entrust their own trademark agency to apply for trademark registration on their behalf. This is because domestic trademark agencies are familiar with their own trademark laws and registration procedures, which can provide valuable reference opinions, save time, and improve the success rate of registration for applicants.

3. Prepare the application documents

Each country has relevant requirements for the documents required to apply for trademark registration, and some even require proof materials to be provided. Trademark applicants must prepare relevant documents and materials as required. What books and materials should we prepare?

Materials required for domestic enterprises or individuals to apply for Madrid International Trademark:

(1) Madrid Trademark International Registration Application;

(2) Foreign Language Application Form (MM2);

(3) The applicant's qualification certificate documents stamped with official seal or signature, such as a copy of the business license, a copy of the residence certificate, a copy of the ID card, etc;

(4) If entrusting an agent, a power of attorney should be attached;

(5) Please specify the United States and submit the MM18 form together.

Materials required for domestic enterprises or individuals to apply for EU international trademark registration:

(1) Apply as a legal entity, with one copy of the Business License or valid registration certificate attached; Apply as a natural person with one copy of personal identification document attached;

(2) 5 copies of trademark design, requiring clarity and good paper quality. If it is a color trademark, one black and white draft and five color drafts need to be submitted; The specification shall not be less than 5cm × 5cm, and the maximum shall not exceed 10cm × 20cm;

(3) Fill out one application form, which must be signed by the applicant or by an agent, listing the goods or services seeking registration, indicating the trademark category, and the trademark classification table;

(4) The power of attorney for trademark registration must be signed and stamped by the applicant.

Materials required for domestic enterprises or individuals to apply for international trademark registration with the African Intellectual Property Union:

(1) International Trademark Agency Authorization Letter, the applicant needs to sign and stamp;

(2) One copy of the applicant's identification document;

(3) Applicant's name and address in both Chinese and English;

(4) The categories and names of goods/services that require protection;

(5) Clear trademark design.

4. Understand the general process of applying for trademark registration

Madrid International Trademark Registration Process:

Preparation of documents - Submission of documents to the International Registry of the Trademark Office - Payment of registration fees in accordance with the provisions of the Fee Notification - Submission of documents by the Trademark Office to the International Bureau - Examination by the International Bureau - Examination by the designated country - Publication of registration notice (some countries no longer publish separately) - Collection of international registration certificate

EU trademark registration process:

Preparation of documents - Submission of application - EU search - Member state search - Search report - Announcement of objection - Approval of registration - Obtaining certificate

African Union trademark registration process:

Preparation of documents - Submission of application - Trademark examination - Approval of registration - Announcement - Obtaining certificate

5. Understand the customs and taboos of the country where the trademark is registered

When applying for registration of a foreign trademark, it is best to first understand the customs, habits, and taboos of that country. If the trademark name or design applied for registration is taboo or even prohibited from registration in that country, we should promptly modify the trademark name or design. The following are some trademark registration taboos in countries and regions, for reference only:

(1) In most countries, unless authorized by a celebrity, neither organizations nor individuals can register the name of a celebrity as a trademark, which would infringe on their right to use their name. For example, the famous American basketball superstar Jordan sued China Jordan Sports Co., Ltd. for infringement of his name rights.

(2) Because triangles symbolize aggression, they are commonly used as warning signs internationally. Therefore, it is recommended that you do not register the triangle pattern as a trademark.

(3) India and many Arab countries avoid using pig graphics as trademarks. Because some people in India and the majority of people in Arab countries believe in Islam, which considers pigs to be unclean animals and prohibits believers from eating pork.

(4) In some Arab countries, it is impossible to register a trademark with a yellow color. Because people in Arab countries prefer white (symbolizing purity) and green (symbolizing life), they are very averse to yellow (symbolizing death).

(5) The French consider "spades" to be a symbol of the dead, and "peach blossoms" to be ominous. Therefore, the use of "spades" and "peach blossoms" as trademark graphics is prohibited in France.

(6) In Japan, from the emperor to the common people, chrysanthemums are regarded as a sacred symbol. So, if registering a trademark in Japan, chrysanthemums cannot be used as the trademark pattern.

(7) Australia tends to avoid using rabbit patterns to register trademarks. Because Australia is a country that produces a lot of wool, it attaches great importance to the protection of grass, and rabbits love grass very much, so Australians are still quite fond of rabbits.

In fact, the biggest challenge for domestic enterprises to register overseas trademarks is how to conduct accurate overseas trademark searches, especially approximate searches. Don't panic! Hongyuan International's services will provide you with accurate trademark data and safeguard your registration of overseas trademarks!

 
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