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How to register a trademark internationally (Madrid application)?

Release Time：

2009-11-13

Published：2009-11-13 15:51 Information source：State Administration for Industry and Commerce Trademark Office

Internationally, in order to obtain the protection of trademark in a country, generally should apply for trademark registration in that country. In china, the applicant to apply for registration of trademarks abroad has two ways: One is a country-by-country registration, that is, respectively, to the competent trademark authority of each country to apply for registration; one is the madrid international registration of trademarks, that is, according to the "madrid agreement concerning the international registration of marks" (hereinafter referred to as the "madrid agreement") or "madrid agreement concerning the international registration of marks (hereinafter referred to as the "madrid protocol"), in the madrid union among the provisions of the member states of the trademark registration. The international registration of trademark we usually refer to is the madrid international registration of trademark.

(I) subjects applying for international registration of trademark

The applicant must have certain qualifications. The applicant should have a real and effective industrial and commercial business in china; if not, the applicant should have a residence in china; if not, the applicant should have the nationality of china. Nationals who are not members of the madrid union but have joint ventures or sole proprietorships in china can apply for international registration through the trademark office. In addition, legal persons or natural persons from taiwan province can apply for international registration through the trademark office. At present, legal persons or natural persons in hong kong and macao are not applicable to the agreement and the protocol.

(ii) the content of the application for international registration is consistent with that of the national basic registration or basic application

The name of the applicant for international registration shall be identical with that of the domestic applicant or holder; the mark shall be identical with the mark registered domestically; and the goods and services reported shall be the same as those registered domestically or shall not exceed the scope of goods and services in the domestic application or registration. If the domestic application or registration is for the same mark in different classes of goods or services, when applying for international registration, an application for international registration can be submitted, and the goods or services reported in different classes of goods or services in the domestic application can be filled in the application for international registration according to the order of the classes.

(iii) the application documents required for the application for madrid registration:

1. Fill in and stamp the official seal of the application for international registration in chinese (form 1 of the chinese text);

2. Application for international registration in foreign language filled in and stamped with official seal or signature;

3. A copy of the domestic "trademark registration certificate", or a copy of the "notice of acceptance";

4. Two drawings of the trademark. If it is a color trademark, also need to attach two color trademark drawings;

5. Entrusted to the trademark agency, should also be submitted to the trademark agency power of attorney.

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