Trademark international registration inquiry website

I. How to apply for international registration of Madrid trademarks

I. Brief description

There are two ways for applicants to apply for registered trademarks abroad: one is to register one by one, that is, to apply for registration with the competent trademark authorities of various countries; One is the international registration of Madrid trademarks, that is, according to the provisions of the madrid agreement concerning the international registration of marks (hereinafter referred to as the Madrid Agreement) or the relevant Protocol of madrid agreement concerning the international registration of marks (hereinafter referred to as the Madrid Protocol), trademarks are registered among the members of Madrid Union. What we usually call international registration of trademarks refers to the international registration of trademarks in Madrid.

"Madrid Union" refers to the special union for international registration of trademarks composed of countries or intergovernmental organizations that apply the Madrid Agreement and the Madrid Protocol. As of February 8, 2008, the Madrid Union has 65,438 member countries (or contracting parties), namely:

country

It's time to join the Madrid agreement.

It is time to join the Madrid Protocol.

country

It's time to join the Madrid agreement.

It is time to join the Madrid Protocol.

Albania

1995. 10.4

2003.7.30

Liberia

1995. 12.25

Algeria

1972.7.5

Liechtenstein

1933.7. 14

1998.3. 17

Antigua and Barbuda

2000.3. 17

Lithuania

1997. 1 1. 15

Armenia

199 1. 12.25

2000. 10. 19

Luxembourg

1924.9. 1

1998.4. 1

Australia

200 1.7. 1 1

Monaco

1956.4.29

1996.9.27

Austria

1909. 1. 1

1999.4. 13

Mongolia

1985.4.2 1

200 1.6. 16

Azerbaijan

1995. 12.25

2007.4. 15

Morocco

19 17.7.30

1999. 10.8

Bahrain

2005. 12.5

Madagascar

2008.4.28

Republic of Belarus

199 1. 12.25

2002. 1. 18

Mozambique

1998. 10.7

1998. 10.7

Belgium

1892.7. 15

1998.4. 1

the Netherlands

1893.3. 1

1998.4. 1

Bhutan

2000.8.4

2000.8.4

Norway

1996.3.29

Bosnia Herzegovina

1992.3. 1

2009. 1.27

Poland

199 1.3. 18

1997.3.4

Botswana

2006. 12.5

Montenegro

2006.6.3

2006.6.3

Bulgaria

1985.8. 1

200 1. 10.2

Portugal

1893. 10.3 1

1997.3.20

China

1989. 10.4

1995. 12. 1

South Korea

2003.4. 10

Croatia

199 1. 10.8

2004. 1.23

Moldova

199 1. 12.25

1997. 12. 1

Cuba

1989. 12.6

1995. 12.26

Romania

1920. 10.6

1998.7.28

Cyprus

2003. 1 1.4

2003. 1 1.4

Russia

1976.7. 1

1997.6. 10

Czech(people)

1993. 1. 1

1996.9.25

San Marino

1960.9.25

2007.9. 12

North Korea; South Korea

1980.6. 10

1996. 10.3

Serbia

1992.4.27

1998.2. 17

Denmark

1996.2. 13

Sierra Leone

1997.6. 17

1999. 12.28

Egypt

1952.7. 1

Singapore

2000. 10.3 1

Estonia

1998. 1 1. 18

Slovakia

1993. 1. 1

1997.9. 13

Finland

1996.4. 1

Slovenia

199 1.6.25

1998.3. 12

France

1892.7. 15

1997. 1 1.7

Spain

1892.7. 15

1995. 12. 1

Georgia

1998.8.20

the Sudan

1984.5. 16

Germany

1922. 12. 1

1996.3.20

Swaziland

1998. 12. 14

1998. 12. 14

Greece

2000.8. 10

Sweden

1995. 12. 1

Ghana

2008.9. 16

Syria

2004.8.5

2004.8.5

Hungary

1909. 1. 1

1997. 10.3

Switzerland

1892.7. 15

1997.5. 1

Iceland

1997.4. 15

Tajikistan

199 1. 12.25

Iran

2003. 12.25

2003. 12.25

Macedonia

199 1.9.8

2002.8.30

Ireland

200 1. 10. 19

turkey

1999. 1. 1

Italy

1894. 10. 15

2000.4. 17

Turkmenistan

1999.9.28

Japan

2000.3. 14

Ukraine

199 1. 12.25

2000. 12.29

Republic of Kazakhstan

199 1. 12.25

Britain, England

1995. 12. 1

Kenya

1998.6.26

1998.6.26

United States of America

2003. 1 1.2

Kyrgyzstan

199 1. 12.25

2004.6. 17

Uzbekistan

2006. 12.27

Latvia

1995. 1. 1

2000. 1.5

Viet Nam

1949.3.8

2006.7. 1 1

Lesotho

1999.2. 12

1999.2. 12

Zambia

200 1. 1 1. 15

Namibia

2004.6.30

2004.6.30

Oman

2007. 10. 16

EU

2004. 10. 1

S?o Tomé and Príncipe

2008. 12.8

"Benelux" is the abbreviation of Belgium, Netherlands and Luxembourg, and it is actually three members of Madrid Union. However, when the applicant designates these three countries for protection, they will still be treated as one country and pay the relevant fees as one country.

As of June 2008, there are seven parties to the Agreement, namely Algeria, Bosnia and Herzegovina, Egypt, Kazakhstan, Liberia, Sudan and Tajikistan.

As of 5 June 2008 to 38 February 2008, there are 29 parties to the Protocol, namely Antigua and Barbuda, Australia, Bahrain, Botswana, Denmark, Estonia, EU, Finland, Georgia, Greece, Iceland, Ireland, Japan, Lithuania, Madagascar, Norway, Oman, South Korea, Singapore, Sweden and Turkey.

Second, the way to deal with it.

There are two ways to apply for Madrid trademark international registration through the Trademark Office:

(1) Entrust a nationally recognized trademark agency to handle it.

(2) The applicant directly submits it to the Trademark Office.

Third, the processing steps

(1) Where a trademark agency is entrusted, the applicant may voluntarily choose a trademark agency recognized by the state to handle it. All trademark agencies registered in the Trademark Office are published in the column of "Agencies".

(2) If the applicant goes directly to the Trademark Office, he can go through the following steps:

Prepare the application → submit the application to the International Registration Office of the Trademark Office → pay the registration fee according to the provisions of the fee notice.

IV. Preparation of application documents

1. Application documents to be submitted

(1) An application for international registration in Chinese, filled in and stamped with the official seal;

(2) An application for international registration filled out in a foreign language and stamped with the official seal or signature;

(3) a copy of the domestic trademark registration certificate or a copy of the acceptance notice;

(4) Where the basic registered or applied trademark is changed, transferred or renewed in China, a copy of the approval certificate shall be submitted together;

(5) Two trademark designs. If it is a color trademark, two color trademark patterns should be attached;

(6) Where a trademark agency is entrusted, a power of attorney for trademark agency shall also be submitted; .

2. Fill in the specific requirements of the application for international trademark registration.

(1) Country of origin of the trademark applicant:

"The country of origin of the trademark applicant" refers to China. If the applicant designates the protected country as a member of the Madrid Agreement, he should choose three situations in this item in turn, that is, the applicant should first measure whether he meets the first situation, if so, he should first choose the first one, if not, he should choose the second one, if not, he should choose the third one. If all three meet or meet two, you should choose the former. If the applicant designates a protected country as a member of the Madrid Protocol, the applicant only needs to meet one of three conditions.

(2) Name of the applicant:

If the applicant is a legal person, the full name shall be filled in; If the applicant is a natural person, the name should be filled in. In addition, if the legal person has an official English or French name, it should be filled in together with Chinese and stamped with the seal of the applicant (the legal person should be stamped with the seal of the enterprise or company).

(3) Address of the applicant:

Can be filled in according to the requirements in brackets, such as: No.2 Jintai Road, Beijing, China, postal code 100260.

(4) Name of agent:

The applicant can fill in according to the actual situation; If it is a direct application, this column is not filled.

(5) Address of the agent:

Fill in the form of the applicant's address.

(6) Domestic application and registration of trademarks:

This refers to the application and registration of trademarks in China, not the application and registration of internationally registered trademarks.

Where an applicant applies for the international registration of the same trademark in different categories, it shall fill in the application date, application number and/or registration date and registration number of each category one by one in the order of categories. For example, the date when the applicant applied for trademark registration in China was 200 1 February 14, the application number was 3239296, the registration date was June 2002 10, and the registration number was 3239296.

(7) Priority:

Where the applicant claims priority, the date and application number of the first application shall be stated.

(8) Trademark:

Here, the applicant is required to paste the trademark pattern, and the size of the trademark should be handled according to the requirements of the application.

(9) Require color protection:

Where the applicant requests the protection of colors, it shall specify which colors and which parts of colors are required to be protected.

(10) Trademark Transliteration:

Just fill in the standard Chinese pinyin of the trademark here.

(1 1) Receiving language selection:

Put an "x" in the box to the left of the selected language.

(12) Goods and services:

The goods and services referred to here shall be filled in in the order of the categories of goods and services listed in the International Classification of Goods and Services for Trademark Registration. Such as: the first category, ethanol, industrial alcohol; The fifth category, aspirin, baby food; The ninth category, audio and video recording; When filling in, category 9 shall not be placed before category 5, or category 5 shall not be placed before category 1.

(13) The parties designated for protection:

The applicant should put an "X" in the box to the left of the country that needs protection. If the applicant designates Germany, France and Italy as protected countries, the applicant only needs to put an "X" in the box to the left of these three countries.

(14) Payment method of this application:

Put an "x" in the box to the left of the selected payment method.

Verb (short for verb) to pay for something.

After receiving the application documents with complete procedures, the Trademark Office shall register the date of application, assign the application number, calculate the fees payable by the applicant, and issue a notice of fees to the applicant. The applicant should pay the fee as soon as possible after receiving the fee notice. The Trademark Office will not submit an application to the International Bureau until it receives the full remittance. If the remittance is not received by the Trademark Office after two months, the application documents and other attachments will be returned to the applicant without retaining the application date and application number.

Where a trademark agency is entrusted, the applicant shall pay an agency fee to the trademark agency in addition to a certain amount of international registration fee.

Intransitive verbs obtain trademark registration certificate

After receiving an application for international registration that conforms to the Detailed Rules for the Joint Implementation of madrid agreement concerning the international registration of marks and its Protocols, the International Bureau shall register in the international register and issue a trademark registration certificate to the applicant for trademark registration. The trademark registration certificate shall be sent directly to the International Registration Office of the Trademark Office, which shall forward it to the applicant or trademark agency. It should be noted that the applicant must fill in the address clearly (mailing address can be added), and if the applicant's address changes, it should be changed in time.

Seven, how to handle all kinds of changes after registration.

According to the Madrid Agreement and the Madrid Protocol, an international registrant of a trademark may handle the following matters after registration:

1. Apply for territorial extension to one or more countries for all or part of goods and services, that is, later designation.

2, in all or part of the goods and services or in all or part of the country transfer or transfer.

3. Cancel international registration.

4. Give up protection in relevant countries.

5. Cut back on goods and services.

6. Change the name and address of the registrant.

The procedures for handling these matters are basically the same as those for applying for international registration of trademarks, and the corresponding fees shall be paid as required.

Eight, trademark objection application

According to the relevant provisions of China's Trademark Law, anyone can raise an objection to the international registered trademark that is required to be protected in China within three months from 1 day of the second month after the announcement of the international trademark. If the applicant for objection is a domestic enterprise legal person or natural person, the application for objection may be mailed or delivered to the International Registration Office of the Trademark Office directly or through a trademark agency. If the objection applicant is a foreign enterprise or a natural person, it must be handled through a trademark agency.

Where an objection is raised to an internationally registered trademark, the applicant may give a reply within 30 days from the date of receiving the notice. If the applicant for objection is a domestic enterprise legal person or natural person, the application for objection may be mailed or delivered to the International Registration Office of the Trademark Office directly or through a trademark agency. If the objection applicant is a foreign enterprise or a natural person, it must be handled through a trademark agency.

The Trademark Office shall make a ruling based on the facts and reasons stated by both parties. If both parties have objections to the Trademark Office's objection ruling, they can submit an application for objection review to the Trademark Review and Adjudication Board within 15 days after receiving the Notice of Objection Ruling, and the Trademark Review and Adjudication Board will make a final ruling.

Nine, matters needing attention

1, the applicant must have certain subject qualifications. The applicant shall have a real and effective business place in China; If not, you should have a residence in China; If there is no domicile, the applicant should have China nationality. Nationals who are not members of Madrid Union can apply for international registration through the Trademark Office if they have joint ventures or wholly-owned enterprises in China. In addition, legal persons or natural persons in Taiwan Province Province can apply for international registration through the Trademark Office. At present, legal persons or natural persons in Hong Kong and Macao Special Administrative Regions cannot apply for international registration through the Trademark Office.

2. A trademark applying for international registration must have started certain trademark registration application procedures in China. From September 1 2008, the country designated by the applicant for protection is a member of the Madrid Agreement, and the trademark applying for international registration must have been registered in China; The country designated by the applicant for protection is a pure member of the Madrid Protocol, or a member of the Madrid Agreement and the Madrid Protocol. A trademark applying for international registration can be a trademark that has been registered in China or a registered trademark.

3. The application for international registration shall be consistent with the national basic registration or basic application. The name of the applicant for international registration shall be exactly the same as that of the domestic applicant or registrant; The address of the applicant shall be exactly the same as that of the domestic applicant or registrant; The trademark shall be exactly the same as that registered in China, including the same color; The declared goods and services shall be the same as those registered in China or within the scope of goods and services applied for or registered in China. Where the same trademark of different categories of goods or services is applied for or registered in China, an application for international registration can be submitted when applying for international registration, and different categories of goods or services declared in China can be filled in the application for international registration in the order of categories.

4, meet certain conditions can claim priority. When applying for international registration, if the time interval between the applicant and the domestic application for trademark registration does not exceed six months, the applicant may claim priority when applying for international registration, but shall provide a copy of the domestic acceptance notice.

5. The application for international registration will not be accepted.

If it does not conform to Article 6, Article 2, Article 3 or one of them, the Trademark Office shall not accept the application for international registration of the trademark.

6. After the expiration of the validity period of the international registration, if it is necessary to continue to use it, it should be renewed.

7. The website for downloading the application for international registration in foreign languages is: Download.

10, foreign language forms can be downloaded from the website of the International Bureau:

www.wipo.int/madrid/en/forms/index.htm

Form MM 1

Designate MM2 as the protocol country.

Specify MM3 for pure agreement countries and agreement countries.

Specifies that the United States must also attach MM 18.

If you specify the EU, you can register in the EU member states first, and you can choose to fill in MM 17.

Later specified MM4

MM5 for transfer

Delete MM6

Give up MM7

MM8 is used to cancel.

Change of registered name and address MM9

MM 10 agent name and address change.

MM 1 1 for renewal.

Specifies the MM 12 of the agent.

1 1. The applicant (or agent) shall sign or seal the foreign language form.

12. Chinese and foreign language applications must be filled in by typing or printing. The Trademark Office does not accept handwritten trademark applications. The Chinese and foreign language contents of the application must be printed on one side, not on both sides.

Third, the style of downloading books.

(Click on the list below to download)

Madrid international trademark registration form 1

Madrid trademark international registration form II

MM 1

MM2

MM3

MM4

MM5

MM6

MM7

MM8

MM9

MM 10

MM 1 1

MM 12

MM 17

MM 18

4. How to turn international registration into a national registration application?

(1) What is an application for changing an international registration into a national registration?

According to the provisions of Article 9 quinquies of the Madrid Protocol and Article 22 of the Joint Implementation Rules, converting an international registration into a national registration application means that within five years from the date of international registration, the original bureau applies to the International Bureau to cancel all or part of the goods and services listed in the international registration because the basic application or basic registration is rejected, expired, abandoned, cancelled or invalid. When the original applicant for international registration submits an application for registration of the same trademark to the competent authority of the contracting party with valid international registration, the application shall be based on the date of its international registration or the date specified later. If the international registration enjoys priority, the application shall also enjoy the same priority, but:

1. The application shall be submitted within 3 months from the date of cancellation of international registration;

2. The goods and services listed in the application are actually included in the internationally registered goods and services;

3. The application complies with all provisions of applicable laws, including provisions on fees.

(2) How to convert international registration into national registration application?

1. The applicant shall file an application with the Trademark Office through an agency.

2. The applicant shall use the Chinese language of the domestic registration application, and declare the specific commodity names and service items according to the classification table of commodities and services.

When the applicant submits an application, the International Bureau shall first examine the date of international registration, the priority date, the cancellation date of international registration and the scope of goods and/or services. Rufa

For the existing problems, the international registration bureau should contact the agency to correct them. If they are not corrected within the prescribed time limit, the application will be returned.

4. After examination and verification, the International Registration Bureau shall attach another form to the application, indicating the application date or priority date determined after the international registration is converted into the national registration application, and submit it to the applicant.

5. The applicant submits the application form and form to the acceptance section of Tongda Trademark Service Center, and the acceptance section sets the application date and application number. After that, the application enters the normal domestic review procedure.

6. If an international registration is converted into a national registration application, an application shall be made according to one standard, and a fee of 1 1,000 yuan shall be paid for each application.

Verb (abbreviation of verb) specifies the charging standard of the country where personal expenses are charged (exchange rate: based on the date of receipt)

Click here to download.

Six, about the United States, Japan, South Korea, Singapore and other countries of international registration.

The international registration applications of the United States, Japan, South Korea, Singapore and other designated countries often receive review opinions or temporary rejection notices from these countries, which has caused certain time and expense losses to China applicants.

The reason for the above problems is that these countries made reservations or statements on some provisions of the Madrid Agreement or Protocol when they joined the Madrid Union, and they mainly relied on their own laws and regulations when examining some elements of Madrid's international registration application.

Therefore, we especially remind applicants to pay attention to the following contents when filling out the foreign language application form:

1, column of enterprise nature: The United States requires that the United States does not accept "limited companies", but can accept legal persons, unincorporated organizations, joint ventures or paternalism.

2. Free translation of trademarks: Singapore requires Chinese trademarks to translate Chinese characters one by one, and the whole trademark should also indicate whether it is meaningful; The United States requires that trademarks have no meaning, whether they represent geographical names, and whether they have special meanings in related products or service industries.

3. Cargo column: The United States requires that the declaration of goods must meet the requirements of its domestic acceptable goods and services identification manual (ahtml/tidm.html), and the Nice International Classification registered in Madrid is for reference only. Japan and South Korea have similar requirements. We suggest that applicants from designated countries such as the United States, Japan and South Korea fill in the foreign language forms of MM2 or MM3 together with 10 (a) and 10 (b). 10 (b) column is to limit the commodities in the specified country, that is, to delete or refine the commodities within the commodity range. For example, the United States does not accept "clothing", but accepts "clothing, such as shirts, sweaters, windbreakers, pants and sports coats".

4. When the United States is specified, the form MM 18 must be filled in. MM 18 Sign the Chinese name in the signature column. The name column of the signatory must be printed with the pinyin of the signatory's name (printed), and the title column of the signatory must be printed with the signatory's title. Date of execution (DD/MM/YYY) should be filled in as date/month/year. For example, March 2005 15 should be filled in as 15/03/2005. Information required by the International Bureau should also be filled in.

7. Notice on the international registration fee of trademarks in Japan and Madrid, Ghana.

In the Madrid trademark international registration application, the separate fees of Japan and Ghana are collected in two ways: the application fee and registration fee are collected in two times: if Japan or Ghana is designated in the new application or later designation, the applicant pays the application fee first; After examination and approval by Japan Patent Office or Ghana Industrial Property Office, notify the applicant to pay the registration fee. The applicant may pay the application fee to the International Bureau by himself or through the China Trademark Office. According to the notice of the International Bureau, the registration fees of Japan and Ghana are paid directly by the applicant or agent to the International Bureau without transfer through the Trademark Office. (For the specific fees, please refer to the charging standards of the countries that charge separate fees. )

1, paid by cheque in Swiss francs;

2. Transfer to the account of Credit Suisse International Bureau in Geneva, account number: 487080-81;

3. Transfer to the postal account of Geneva International Bureau, account number:12-5000-8;

4. Withdraw money from a valid account opened by the International Bureau.

When paying the fee, you must indicate the separate fee of Japan or Ghana for the second phase of international registration of trademarks (indicate the international registration number), and provide this number on the payment notice of the International Bureau.

The applicant or agent shall make payment in time within the payment period to obtain the registered trademark rights of Japan and Ghana.