Regulations On The Implementation Of Trademark Law: Interpretation Of The International Registration Of Trademarks

< p > when the applicant applies for a registered trademark through the way of registering one by one, the trademark registration application shall be submitted to the Trademark Office of each country or region according to the different legal provisions of various countries or regions, and other subsequent businesses related to the trademark that is applied for registration shall also be applied separately in various countries or regions.

Against this background, the Madrid international registration system has been born, which provides applicants with different ways of registering one by one from the above.

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< p > the Madrid International Registration System of trademarks is made up of the Madrid Agreement on the international registration of trademarks (hereinafter referred to as Madrid Agreement) and the protocol relating to the Madrid Agreement on the international registration of trademarks (hereinafter referred to as the Madrid Protocol).

The Madrid international trademark registration system provides a low cost, high efficiency and easy to operate application channel for trademark applicants. Applicants only need one language to submit an application and pay to a bureau (i.e. the International Bureau), so that they can apply for trademark registration to many countries or regions.

After the international registration of the trademark is carried out by the applicant, the subsequent business related to the international registration of the trademark is only required to complete a registration procedure with a fee at the International Bureau.

China joined the Madrid Agreement and the Madrid Protocol in 1989 and 1995 respectively.

Therefore, in China, the international registration of trademarks through the Madrid system should follow the two international treaties established.

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The "Trademark Law Implementation Regulations", which was implemented in < p > May 1, 2014, has set up an international trademark registration special chapter, which has stipulated the international registration of Madrid trademark, and realized the pformation from international law to domestic law. It has not only facilitated the practice of trademark authorities and judicial departments, but also facilitated trademark rights holders to safeguard their rights. It is of great significance to promote the international registration of trademark system in Madrid and enhance the awareness of international registration of trademark applicants in China.

Based on the implementation measures of Madrid International Registration, the chapter removed some outdated clauses and revised and improved the terms according to the development trend of the international treaties and the revised trademark law. The main contents are as follows: < /p >

< p > (1) limits the international registration of trademarks applicable to the chapter, and clearly adjusts the trademark's international registration of China as the original country and the territorial extension application of designated China and other related applications.

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< p > (two) defines the qualification of the applicant for the international registration of trademarks with China as the original country, and puts forward the conditions and basic procedures for the application for international registration of trademarks and the subsequent application, mainly concerning the application of < a href= "//www.sjfzxm.com/news/index_c.asp" > international treaty < /a >.

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< p > (three) stipulates the examination procedure for the designation of China's territory < a href= "//www.sjfzxm.com/news/index_c.asp > > extension of application < /a >.

For the purpose of protecting or demanding the protection of collective marks or certification marks if a three-dimensional logo, color combination or sound mark is used as a trademark, the relevant trademark shall be submitted to the Trademark Office within 3 months from the date of registration of the trademark in the international register of the International Bureau.

If the relevant materials are not submitted within the prescribed time limit, the Trademark Office will reject the application for extension of the territory.

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< p > (four) stipulates the objection procedure for the territorial extension of designated China.

Since the Trademark Office has conducted a review of the application for the territorial extension of designated China and does not make a further announcement on the conclusion of the examination, the time for objection to the international a href= "//www.sjfzxm.com/news/index_c.asp" > registered trademark < /a > is also different from the thirty-third provisions of the revised trademark law.

Within 3 months from the first month after the publication of the World Intellectual Property Organization's international trademark notice, the objection to the territorial extension of designated China may be challenged by the Trademark Office in accordance with the conditions stipulated in the thirty-third provision of the trademark law.

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< p > (five) provides for the follow-up procedures related to the territorial extension application of designated China, including renewal, pfer and deletion, mainly involving the convergence of domestic law and international treaties.

The internationally registered trademark protected in China is valid for the period from the international registration date or the later designated date. Before the expiration of the validity period, the registrant may apply for renewal to the International Bureau. If the applicant fails to apply for renewal within the validity period, he may give a 6 month extension period.

The pferee shall comply with the provisions of the international treaty when pferring the internationally registered trademark. At the same time, according to the provisions of the trademark law, the pferor shall pfer the same or similar trademarks on the same or similar commodities or services.

The provisions for the deletion of the application mainly relate to the requirements of the scope of the goods or services after the deletion.

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< p > (six) in view of the discrepancy between the system design and the specific provisions of the Madrid system for the international registered trademarks and the trademark law, the application of the trademark law in the application of the trademark law and the Trademark Law Implementation Regulations excludes the application.

China's territorial extension application is not applicable to the examination period of domestic application for registered trademarks, nor does it apply to the provisions of commodity segmentation.

The Trademark Office shall not apply the provisions of the Trademark Law on the time limit for objection trial when trying to disagree with the international registered trademark.

If the trademark registrant changes the name or address of the registrant, the provisions on the alteration of all registered trademarks and the pfer of the trademark by the pferor and the pferee shall not apply to the registration and alteration of the international registration of the trademark.

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