Foreign Trademark Registration Application Skills Analysis

The principle of trademark registration application for foreigners (non Chinese nationality) in China adopts the internationally accepted practice:

(1) foreigners or foreign enterprises with regular habitation or business places in China, including foreigners living in China, various foreign establishments in China, Sino foreign joint ventures, wholly foreign-owned enterprises, etc.:

In the application for trademark registration, we enjoy the principle of equal treatment with Chinese nationals [the trademark law implementation Ordinance (the latest version of August 3, 2002) seventh articles and third paragraphs];

Such trademark registration applications can be basically referred to the application for trademark registration of domestic trademark applicants.

Two. Applicants for trademark registration applied by local legal persons or natural persons or other organizations in Hongkong, Macao and Taiwan regions of China.

Three. Foreigners or foreign enterprises not in China:

According to the seventeenth provision of the trademark law, the principle that foreigners and foreign enterprises apply for trademark registration in China should follow: "foreigners or foreign enterprises applying for trademark registration in China should be handled 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 principle of reciprocity".

In handling such trademark registration applications, usually in accordance with international practices, the following 3 specific methods are adopted:

(1) a reciprocal agreement has been reached between the applicant's country and China in accordance with bilateral treaties.

Trademark reciprocity agreement refers to the trademark registration agreement between the applicant country and our country through signing or exchanging letters.

In addition to the special trademark reciprocity agreement, China's friendly trade or trade agreements with some countries often include the principle of reciprocity in trademark registration and the terms of trademark registration.

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

The trademark authorities of China shall apply for the application of the trademark registration for the citizens and enterprises of the countries that have signed the trademark reciprocal agreement with our country, and shall handle the registration according to the provisions of the agreement.

After the accession to the Paris Convention on the protection of industrial property rights and the Madrid Agreement on the international registration of trademarks and the Madrid Protocol on the international registration of trademarks, the bilateral agreement applies only to countries that have not joined the three international treaties.

(2) in accordance with the international treaties co signed by the applicant's country and our country.

At present, in the international treaties on trademarks, China has already joined four countries: the World Intellectual Property Organization Convention (March 3, 1980 accession), the Paris Convention on the protection of industrial property (March 19, 1985 accession), the Madrid Agreement on the international registration of trademarks (October 4, 1989 accession) and the Madrid protocol on the international registration of trademarks (December 1, 1995 accession).

China has no obligation to abide by the international treaties that China has not yet joined.

Only international treaties that both sides participate in have our obligations to abide by.

In particular, the Paris Convention on the protection of industrial property.

According to the provisions of the Paris convention, any member state should grant national treatment to other members of the state in respect of the registration of trademarks. Therefore, all members of the Paris convention enjoy the national treatment of trademark registration in our country, and enjoy the same treatment as the national people in terms of registration conditions, application procedures and steps.

(3) according to the principle of reciprocity.

The principle of reciprocity is a principle often adopted in handling relations between nations. Its basic meaning is that when you deal with international political and economic relations, you will treat me in any way, and I will treat you in the same way.

The application of the principle of reciprocity to foreign trademark registration requires that both parties handle the application for trademark registration of citizens or enterprises in the other country in the same way.

Such trademark registration application is the key content to be introduced below.

According to the relevant laws of China, the Trademark Office of the State Administration for Industry and commerce is responsible for managing and accepting the 4 types of trademarks registered by foreign applicants.

1, general trademarks (trade marks, service marks)

2. Collective trademarks

3. Certification marks

4, geographical indications (collective trademarks, certification marks)

Among them, commodity trademarks and service marks are in accordance with the "

The latest revision of October 27, 2001 and the regulations on the implementation of the Trademark Law of the Republic of China (the latest edition of August 3, 2002) are registered and managed.

Collective trademarks and certification marks are in accordance with the "

Registration and management of the regulations on the registration and management of certification trademarks (the latest edition of the State Administration for Industry and Commerce of April 17, 2003).

Geographical indications must be designated as certification marks or collective trademarks for registration, and registration and management shall be carried out in accordance with the relevant provisions of the "collective trademark and certification trademark registration and management measures" (the latest edition of the State Administration for Industry and Commerce 17 4 2003).

Scope and conditions of subject qualifications of foreign applicants

According to the registration and management of laws and regulations of different trademark types, the main qualifications of various types of trademark registration applicants are:

1. Apply for trademark and service mark.

According to the provisions of the Trademark Law of China, the scope of the subject qualification of the trademark registration applicant who applies for trademark and service trademark in accordance with the seventeenth provision of the trademark law is the same as that in our country. (Note: Although the trademark law only refers to foreigners or foreign enterprises, they may apply for trademark registration in China according to the relevant regulations, but in practice, other foreign organizations can apply for the same as domestic ones.

The following are explained in the same edition)

"Foreign natural persons, legal persons or other organizations".

Legal proof of a trademark applicant's legal status in his country.

Applicants who have not established or terminated diplomatic relations with China should apply the principle of reciprocity when I apply for trademark registration.

The certification procedures for the applicant's entrustment can be handled through a third country with diplomatic relations.

2. Apply for collective trademarks and certification marks.

According to the provisions of the third articles of the trademark law and the regulations on the registration and management of collective trademarks and certification trademarks (the latest edition of April 17, 2003), which conform to the seventeenth provision of the Trademark Law of China, the scope of the subject qualification of the applicants for trademark registration of foreign enterprises, associations and Guilds applying for collective trademarks is also the same as that of our country.

"Industrial and commercial associations, associations or other collective organizations"

Foreign natural persons or individual operators shall not apply for registered collective trademarks.

The trademark applicant is legally registered and has legal certification document of legal person qualification.

The document should provide detailed description of the name and address of the members of the collective organization.

Where a geographical indication is registered as a collective trademark, the applicant shall provide proof that the geographical indication is protected by law in its original country, and the organization shall be composed of members from the geographical area marked by the geographical indication.