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How to apply for a trademark and the channels for trademark application? What documents are required to apply for a trademark?

Release Date:2024-07-15 18:02:24    come from:yimaiip.com

How to apply for a trademark and the channels for trademark application? What documents are required to apply for a trademark?

How to apply for a trademark,
There are three ways for applicants to apply for trademark registration abroad:
Single country registration: refers to submitting trademark registration applications to the trademark authorities of each country in accordance with their respective laws
Madrid International Trademark Registration: Madrid International Trademark Registration refers to the registration of trademarks between member states of the Madrid Union in accordance with the provisions of the Madrid Agreement on the International Registration of Marks or the relevant protocols of the Madrid Agreement on the International Registration of Marks
Regional registration: refers to applying for trademark registration with a regional trademark authority, which applies to all member countries within the region; Common regional trademark authorities include the European Union Intellectual Property Office (EUIPO), Benelux Office of the Benelux Community, the African Intellectual Property Organization (OAPI), and the African Regional Industrial Property Organization (ARIPO)
The following provides a detailed introduction to the application process and required documents for a trademark:
1. Single country registration
Single country trademark registration refers to the applicant's application for trademark registration by entrusting a trademark agency or directly going to a country or region abroad. The registration of a single national trademark shall be handled in accordance with the specific legal procedures of the applicant country, and the corresponding trademark registration fees shall be paid according to the charging standards of different countries.
What are the benefits of registering a single national trademark?
1) Single country trademark registration can provide the most secure, effective, and direct trademark protection for export-oriented enterprises.
2) The applicant does not need to file a basic application for trademark registration in the country of origin, and can directly apply to the country where the registration is required.
3) If there are any problems during the application process, you can contact the foreign partner law firm at any time to keep abreast of the progress of the trademark registration in the country of application.
Ways to apply for registration of a single national trademark
1) Entrust a nationally recognized trademark agency to handle it;
2) The applicant can apply directly to the country or region where registration is required.
Materials required for trademark registration in a single country
1) The applicant's Chinese and English names and addresses;
2) Copy of ID card or business license (some countries require official seal or signature);
3) Electronic version of trademark design;
4) The category and goods or services for which the trademark is applied for registration;
5) If it is entrusted to a trademark agency for handling, a trademark agency power of attorney should also be submitted
6) If applying to the United States, evidence of trademark use (product images, sales records, sales links, etc.) is also required
2. Madrid International Trademark Registration
Madrid International Trademark Registration refers to the registration of trademarks between member states of the Madrid Union in accordance with the provisions of the Madrid Agreement on the International Registration of Marks or the relevant protocols of the Madrid Agreement on the International Registration of Marks
Madrid Trademark International Registration Process
There are two ways to apply for international registration of a Madrid trademark through the Trademark Office:
1) Entrust a nationally recognized trademark agency to handle it.
2) The applicant should go directly to the Trademark Office for processing.
Materials required for trademark registration
(1) Fill out and stamp the Chinese international registration application form with official seal;
(2) Fill out and affix the official seal or signature on the foreign language international registration application form;
(3) Two trademark designs. If it is a colored trademark, two colored trademark designs must also be attached;
(4) If entrusting a trademark agency to handle it, a trademark agency power of attorney should also be submitted
3. Trademark regional registration
EU Trademark
On December 20, 1993, the European Union passed the European Community Trademark Regulation, abbreviated as CMTR. Germany, France, Italy, Spain and other EU countries have begun implementing a trademark system that is used in all EU countries (as of July 1, 2013, the EU has expanded to 28 countries). The European Union Trademark Office began accepting EU trademark applications on January 1, 1996. The EU trademark protection period is ten years and can be renewed, with each renewal period being ten years. Applicants for EU trademarks are not limited to nationals of EU member states, and nationals of other member states that are parties to the Paris Convention and the World Intellectual Property Organization can also apply.
Covered member countries
27 countries of the European Union: Germany, France, Italy, Belgium, Luxembourg, Denmark, Sweden, Spain, Portugal, Finland, Greece, Austria, Netherlands, Ireland, Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia, Romania, Bulgaria, Croatia.

Characteristics of EU trademarks
Low cost. By applying for registration once, the trademark can be used in all 27 member states of the European Union. Compared to submitting applications separately in each member state, the cost is significantly reduced;
Centralized protection of programs. A trademark registration can receive protection from the 27 member states of the European Union, and the rulings on trademark cases will be enforced in all EU countries;
Registered trademarks can only be used in one EU country. The use of a trademark in any country of the European Union is sufficient to resist an application for revocation on the grounds of non use of the trademark;
Enjoy priority under the Paris Convention. When the same trademark is used for one or more designated names of goods or services, priority may be enjoyed when applying for a Community trademark in a Paris Convention member state within 6 months after the application;
A registered trademark that has already been published in an EU member state may request priority when applying for an EU trademark.
Not only traditional trademarks such as words and logos can be registered, but new trademarks such as sound, smell, product appearance, and structure can also be applied for registration;
Information required for trademark registration in EU countries
1) The applicant's Chinese and English names and addresses;
2) Copy of ID card or copy of business license;
3) Electronic version of trademark design;
4) The category and goods or services for which the trademark is applied for registration;
5) If it is entrusted to a trademark agency for handling, a trademark agency power of attorney should also be submitted
Benelux Community
The Unified Trademark Law of Belgium, the Netherlands, and Luxembourg was formulated and passed in 1958 by the Tripartite Economic Union of Belgium, the Netherlands, and Luxembourg. According to this law, obtaining a Benelux trademark registration at once is valid in all three countries mentioned above, and there is no need for each country to consider accepting or rejecting it separately.
Information required for trademark registration in the Benelux Community
1) The applicant's Chinese and English names and addresses;
2) Copy of ID card or copy of business license;
3) Electronic version of trademark design;
4) The category and goods or services for which the trademark is applied for registration;
5) If it is entrusted to a trademark agency for handling, a trademark agency power of attorney should also be submitted
African Intellectual Property Organization (OAPI)
The African Intellectual Property Organization (OAPI) is a regional alliance composed of French speaking countries in former French colonies to protect intellectual property rights. Headquartered in Yaound é, the capital of Cameroon, it centrally manages trademark affairs in various member countries
List of Member States of the African Intellectual Property Organization
The member states of the African Intellectual Property Organization include: Cameroon, Benin, Burkina Faso, Central African Republic, Congo (Brazzaville), Chad, Gabon, Guinea, Guinea Bissau, C ô te d'Ivoire (Ivory Coast), Mali, Mauritania, Niger, Senegal, Togo, Equatorial Guinea, Comoros (a total of 17)
Information required for OAPI trademark registration by the African Intellectual Property Organization
1) The applicant's Chinese and English names and addresses;
2) Copy of ID card or copy of business license;
3) Electronic version of trademark design;
4) The category and goods or services for which the trademark is applied for registration;
5) If it is entrusted to a trademark agency for handling, a trademark agency power of attorney should also be submitted
African Regional Industrial Property Organization ARIPO
The African Regional Intellectual Property Organization (ARIPO) was founded on December 9, 1976. This organization is a regional organization for intellectual property protection in many English speaking countries in Africa.
As of June 2022, the member countries of the African Regional Intellectual Property Organization are: Botswana, Iswatini (Eswatini), Gambia, Ghana, Kenya, Lesotho, Liberia, Malawi, Mauritius, Mozambique, Namibia, Rwanda,  Sao Tome and Principe, Seychelles, Sierra Leone, Somalia, Sudan, Tanzania, Uganda, Zambia, Zimbabwe
Information required for ARIPO trademark registration by the African Intellectual Property Organization
1) The applicant's Chinese and English names and addresses;
2) Copy of ID card or copy of business license;
3) Electronic version of trademark design;
4) The category and goods or services for which the trademark is applied for registration;
5) If it is entrusted to a trademark agency for handling, a trademark agency power of attorney should also be submitted

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