CHINESE
ENGLISH
Like other intellectual property rights, trademark rights are a whole, and they are considered different in each country or jurisdiction (hereinafter referred to as \u0026 ldquo; judicial jurisdiction \u0026 rdquo;). Each jurisdiction has the right to recognize and protect trademark rights in a way to achieve its policy goals. Although the word \u0026 ldquo; international trademark right \u0026 rdquo; the word refers to a set of trademark rights across multiple jurisdictions, the existence and execution of these rights are unique to each judicial jurisdiction and usually do not depend on each other.
\u0026 nbsp;
Despite the differences in recognition and execution of trademark rights, many judicial jurisdictions have submitted a trademark application for trademark applications. The general program or protocol is reached. These options will be discussed below.
\u0026 nbsp;
1. Which country should I register my trademark in?
You should consider any country or judicial jurisdiction you provided by this logo, and you intend to use the logo to use the logo for your product or service in the future. The jurisdiction of the jurisdiction, and/or your jurisdiction registered your trademark office or manufacturing facilities. Some trademark owners are also known to register their trademarks in judicial jurisdictions that are known for intellectual property rights. In most judicial areas, the use of trademarks is not a prerequisite for submitting applications; however, some do have requirements. For more information, please consult the local legal consultant.
\u0026 nbsp;
2. Can the applicant get trademark registration covering multiple countries?
Yes. A number of international agreements make it possible to submit an application as a registered trademark in multiple jurisdictions. For example, the registered in the Bighelu Intellectual Property Office can provide trademark protection in the Bilu region (Belgium, Luxembourg, and the Netherlands). EU trademark (EUTM) (formerly known as a community trademark) register to protect the trademarks of all member states of the EU (EU). The Madrid Agreement and the Madrid's undertaking letting the submission of an international registration application is possible, which will provide trademark protection in any or two treaties specified by the applicant.
\u0026 nbsp;
3. What is EU trademark ?
EUTM system through submitting a single application to the entire EU, the entire EUThe trademark owner provides a unified protection system. If successful, this application will be registered by EUTM approved by all member states of the European Union. As the new member states join the European Union, the existing EUTM coverage is automatically expanded, and no trademark owner takes any action or payment; however, the protection of the expansion EUTM in the new member states begins with Not the date of EUTM. The initial registration period is 10 years from the date of submission of EUTM applications. The registered agency is the EU Intellectual Property Office in Alcanter, Spain (formerly known as the internal market coordination bureau).
\u0026 nbsp;
EUTM registration may have multiple benefits, including: (1) this is a program that saves time and cost benefits; Maintaining a trademark registration will improve the administrative efficiency; and maybe the most important thing is that (3) The EUTM that can really use it in a EU member state that may be sufficient to protect all member states is not canceled because it is not used. If there is a reasons for reasons for only one of the member states, there is a risk, then the trademark cannot be registered as EUTM, although in some cases, it can be converted into national applications.
\u0026 nbsp;
After the end of the Brexit transition period on December 31, 2020, it took effect on January 1, 2021. UKIPO) will automatically convert the registered British part of EUTM for free to a separate and independent British trademark registration as the application date of EUTM. For EUTM applications that are still in the trial as of January 1, 2021, trademark applicants will have 9 months of 9 months from December 31, 2020 to submit new and separate British trademark applications. The application date is the same as EUTM. After December 31, 2020, EUTM will no longer extend trademark protection to Britain. For more information, please refer to the Brexit Substitators.
\u0026 nbsp;
4. What is the Paris Convention?
The Paris Convention of Industrial Property Right is an international treaty on protecting intellectual property rights. It has been adopted by 177 countries. The country applied by the Paris Convention constitutes the Paris Union. The main principle of the Convention is that in terms of intellectual property protection and law enforcement, the nationals of any country in the European Union enjoy the same advantages as the domestic law of any EU country.
\u0026 nbsp;
5. \u0026 ldquo; Convention priority \u0026What does rdquo mean?
The priority provisions stipulated in the Paris Convention that the applicant is based on the trademark application submitted by one of the members of the Paris Union. Inside, apply to any other country in the member country. union. These subsequent applications will be submitted as the same day as the first application; that is, the application of the same trademark submitted by others during these six months has the priority.
\u0026 nbsp;
Multiple and partial priority applications are allowed in some jurisdictions, which means that multiple basic applications can be required (multiple priority application) or only only only) or only only Part of the priority of some basic applications (partial priority applications). The expression of the trademark must be the same as the trademark as the basic application subject, and the list of goods and service must not exceed the basic application. In most countries/regions, the application may include a list of goods and/or service lists that may include the basic application scope and submit it as a submission. However, some countries require applications to be submitted strictly within the initial scope.
\u0026 nbsp;
6. What is the Madrid system?
The Madrid system is the international registered system of trademarks. It provides a method of seeking trademark protection at the same time in a large number of jurisdictions. The system is under the jurisdiction of two independent international treaties, namely the Agreement and Protocol. According to the agreement, any national of the signed party can ensure that it is protected by the trademark registered in the original country in all other countries in the agreement. According to the linked, any national of the signed party can be protected in the state and judicial jurisdiction of the associated letter based on the unsuccessful application or registration of the original country or the jurisdiction area.
\u0026 nbsp;
Agreement and protocols are managed by the World Intellectual Property Organization (WIPO) International Bureau. Since September 1, 2008, countries that are constrained by agreements and linked books are only applicable to the provisions of the association. Therefore, from this date, international registration has only been jurisdiction over the judicial jurisdiction of the judicial jurisdiction of all agreed cases and (2) the judicial region that is both the contractor and the contractor of the agreement. This agreement is only suitable for judicial jurisdictions restricted by this agreement.
\u0026 nbsp;
7. What is international registration?
International registration (usually referred to as IR) is a designated registration under the Madrid system.
\u0026 nbsp;
After the transition period of Brexit in the UK, the UKIPO will be automatically and free to designate the European Union as a single and independent British registration. Part of the British in IR converted into a separate and independent British trademark as the same application date according to the EUTM specified by IR. For EUTM applications that are still in the trial as of January 1, 2021, trademark applicants will have 9 months of 9 months from December 31, 2020 to submit new and separate British trademark applications. The application date is the same as EUTM.
\u0026 nbsp;
8. What is an intellectual property organization in Africa?
Aripo (Intellectual Property Organization in Africa) consists of members of some English -speaking African countries. The organization enables the applicant to submit a trademark protection application in the designated jurisdiction of the Jurisdiction of the Luxca Agreement as an ARIPO.
\u0026nbsp;
缔约国是博茨瓦纳、斯威士兰（前斯威士兰）、冈比亚、加纳、肯尼亚、莱索托、利比里亚、马拉维、 Mozambique, Namibia, Rwanda, San Domi and Princes Bi, Sierra Leine, Somalia, Sudan, Tanzania United Republic, Uganda, Zambia and Zimbabwe.
\u0026 nbsp;
9. What is an African intellectual property organization?
Oapi (Organisation Africaine de la Protri \u0026 Eacute; T \u0026 Eacute; Intellectuelle) (African Intellectual Property Organization) consists of members of some French African countries. The organization enables the applicant to submit a trademark protection application in the designated jurisdiction of the Jurisdiction of the Bandgi Agreement to the Benji Agreement.
\u0026 nbsp;
The contractor is Benin, Burkina Faso, Cameroon, the Republic of the Central African Republic, Chadle, Korimoro, the Republic of the Congo, Cortdish (Cortda (Kotdisa (Katda ( ) Equatorial Guinea, Gabon, Guinea, Guinea Bisha, Mali, Mauritania, Niger, Senegal, and Dogo.
\u0026 nbsp;
10. What is the Andes Treaty?
The Andes Treaty is an agreement between the Andes Community (Bolivia, Colombia, Ecuador, and Peru). The Andns Convention does not specify a common trademark registration. Instead, it provides certain mutual benefit and can be provided according to the requirements of the trademark owner. For example, the entity that first applying for a registered trademark in a member of the judicial jurisdiction may obtain a similar trademark in any other member of the judicial region. In addition, if the trademark is canceled because it is not used, the use of trademarks in any member state that constitutes the use of judicial jurisdictions of all member states.
\u0026 nbsp;
11. Can different parties in different countries have the same trademark?
Since the trademark right is usually geographical, trademarks may be registered by different owners in different judicial jurisdictions. Therefore, the owner of the trademark should consider obtaining the protection of their trademarks in all jurisdictions or interested areas to ensure their right to trademarks and prevent others from obtaining these trademarks. In a few jurisdictions, one trademark can have multiple registrations, and each registration covers different geographical areas of the jurisdiction.
\u0026 nbsp;
12. Is there any advantage of submitting international registration applications compared with national applications?
For applicants who want to submit a trademark application in multiple jurisdictions, the application for international registration may be more advantageous than submitting a separate national application.
\u0026 nbsp;
International registration allows trademark owners to register its trademark in multiple jurisdictions (parties), and through a centralized application for the management of the International Bureau of Property Organization The system submits a unified application. The requirements of the property rights organization inspection, including the accuracy of the specifications of goods and service, and the payment of related expenses, and targeted international registration to the specified jurisdiction.
\u0026 nbsp;
The Intellectual Property Office of each designated country has 12 or 18 months (according to Madrid's undertaking letter) Dedicate it to the owner of the trademark. The fixed review cycle makes the application review process predictability, and in some cases, it is shorter than the review of the State Trademark Office. International registration can be expanded to the uns designated country. International registration can also be renewed in all designated countries through an electronic application through a Madrid system.
\u0026 nbsp;
Because there may be major disadvantages to submit international registration, for example, international registration depends on the status of basic countries or registered within a limited time. The information is submitted under the Madrid system.
\u0026 nbsp;
13. Can international registration be converted into national applications?
International registration has a five -year attachment period. During this period, they attached to the national basic application or registration. If the state's application or registration will fail within five years from the date of international registration; or due to lawsuits began before the five -year period expires, the protection of international registration may no longer be cited. Although there is a dependence relationship, the registrant has the right to convert its international registration into their respective national applications within three months from the date of the cancellation of international registration, thereby benefiting from the IR date and priority date (if applicable).
\u0026 nbsp;
14. Can you specify international registration to the country that has not been specified in the initial request?
The holder of the international registration can subsequently designate other judicial jurisdictions for its existing international registration as a Madrid agreement or other judicial jurisdictions of the Book of Contracting Party. In this case, the protection period specified in the later period is not an independent 10 -year period, but consistent with the registration date of international registration.
\u0026 nbsp;
15. What is Nice classification and how to use it?
Nice Category is an international system of commodities and service classifications managed by property organizations. It was established based on the Nice Agreement.
\u0026 nbsp;
If a judicial jurisdiction is the contractor of the Nice Agreement, it must use Nice classification in trademark registration. At present, the Nice classification includes 45 products and services (Category 1-34 covers goods, and the 35-45 category covers services). It will regularly revise and update to eliminate inconsistencies and add new entries. The list of goods and service is organized in the order of categories and letters, allowing applicants to search for goods and services and classify it appropriately.
\u0026 nbsp;
Each class contains a class title, an explanatory description, and a specific entry list list. Category titles describe the nature of goods or services in categories. Explanation explains which products or services are the titles. The list of goods or services is paid according to their common features, in the classThe meaning of the title.
\u0026 nbsp;
Although some judicial jurisdiction interpreted the category title as all products or services in this category, other jurisdictions interpreted the category title as an interpretation of the category titles asOnly those products and services contained in the literal interpretation of the type title.In order to ensure the accurately and effectively describing goods and services in your trademark application, please consult a local legal adviser to obtain more information.
