1. Requirements for Foreign Trademark Agency

 

Article 18 of the "Trademark Law" stipulates that foreigners or foreign enterprises applying for trademark registration and handling other trademark matters in China should entrust an organization authorized by the Administration for Industry and Commerce of China with trademark agency qualification. This requirement is in accordance with international practice. China's trademark registration system is an agency system, which facilitates the communication between the competent trademark authority and the applicant and the transfer of documents. A foreigner or foreign enterprise shall entrust a trademark agency organization to sign an agency contract and clearly stipulate the agency authority. The activities carried out by the trademark agency organization within the agency authority have direct legal effect on the principal. The matters entrusted by a foreigner or foreign enterprise to a trademark agency organization include the application for trademark registration or other trademark matters.

 

According to the "Regulations on the Implementation of the Trademark Law", the foreigners or foreign enterprises referred to in Article 8 of the Trademark Law refer to foreigners or foreign enterprises that do not have a permanent residence or business office in China. The notarization and certification procedures for the proxy letter of foreigners or foreign enterprises and related certification documents shall be handled in accordance with the principle of reciprocity.

 

For foreigners or foreign enterprises to apply for trademark registration or to handle other related trademark matters, many countries stipulate that the person who has a domicile in the country should handle it, or be represented by a national designated organization, and the designated organization is the authorized agent. According to Article 18 of the "Trademark Law", trademark agency organizations in China can only engage in foreign-related trademark agency business if they are approved by the State Administration for Industry and Commerce.

 

China has appointed clients to handle the registration of foreign trademark applications and handle other trademark matters, including China International Trade Commission, China Patent Agent (Hong Kong) Co., Ltd., China Trademark Office, Yongxin Patent and Trademark Agent Co., Ltd. (Hong Kong), Shanghai Patent Agency, Guangdong Province, Beijing, Shanghai Trademark Office, etc.

 

From March 11, 1995, all trademark agency organizations can carry out the agency business of foreign-related trademarks, that is, all trademark agency organizations are foreign-related trademark agency organizations designated by the state, but the Trademark Office also warns that all trademark agency organizations must Trademark agencies that are responsible to their clients and do not have foreign language skills or foreign-related capabilities should not blindly accept foreign-related trademark agency services.

 

2. What are the procedures for foreign-related trademark agency

 

1. The specific procedures for lawyers to represent domestic applicants to apply for trademark registration in foreign countries

 

(1) One copy of power of attorney is issued to the foreign agency;

 

(2) For each trademark registration application, 25 printed black and white drawings of the standard trademark must be submitted, and the specifications of the drawings should not exceed 7 * 7 cm. In addition, if you apply for registration in the United States, Canada, and the Philippines, you must submit an additional 10 trademark practical styles;

 

(3) If the trademark has been registered in China, a copy of the domestic registration certificate may be attached;

 

(4) Domestic applicants should also write and sign the agency authority on the power of attorney provided by foreign trademark agencies.

 

At present, the trademark registration agencies and patent examination agencies of most countries in the world are merged to work together, and unified management of trademark and patent applications is implemented. For example, the US Patent and Trademark Office, the Japanese Patent and Trademark Office, the French Industrial Property Office, etc.

 

2. Attorney representing foreign parties to apply for trademark registration in China

 

(1) The trademark applicant shall file an application for trademark registration with the State Administration for Industry and Commerce in the place of registration. Those applying for trademark registration shall fill in the commodity category and commodity name using the trademark in accordance with the prescribed commodity classification form.

 

(2) After accepting the application of the trademark applicant, the State Administration for Industry and Commerce conducts the preliminary examination in accordance with the provisions of the "Trademark Law" and "Trademark Law Implementation Rules". If the documents and procedures are complete, after signing the opinions, promptly report to the Trademark Office for review.

 

(3) Send one copy of the power of attorney of the agent to the Chinese International Trade Promotion Commission;

 

(4) One copy of the original copy of the application;

 

(5) Send 10 copies of trademark drawings (for color trademarks with specified colors, 10 copies of colored drawings and one black-and-white ink copy shall be submitted;

 

(6) Pay the fee, generally pay the application fee and registration fee according to national treatment. The agency fee is prescribed and charged by the China Council for the Promotion of International Trade;

 

(7) Attach relevant certification materials, such as nationality certificate, national registration certificate, reciprocity agreement certificate, merchandise list, and approval documents for the production of drugs. The attached certificates shall be notarized, and the certification shall be handled according to the principle of reciprocity.

 

If the above-mentioned written documents and procedures are complete, the China Council for the Promotion of International Trade will translate the foreign language documents into Chinese and send them to the Trademark Office for application procedures. If the Trademark Office conducts an examination in accordance with the examination procedure and considers that it meets the requirements of the Trademark Law, it shall be registered and issued a trademark registration certificate for foreigners or foreign enterprises.

 

3. Eligibility and process of foreign-related trademark registration application

 

1. Qualification of registered trademark applicant

 

To apply for an international registration of a trademark, you must first obtain a trademark registration in China or obtain a preliminary trademark approval, and must meet one of the following conditions:

 

(1) There are real and effective business establishments in China;

 

(2) Have a residence in China;

 

(3) Possess Chinese nationality.

 

2. Foreign trademark application procedures

 

To apply for an international registration of a trademark, you must first obtain a trademark registration in China or obtain a preliminary trademark approval, and must meet one of the following conditions:

 

(1) There are real and effective business establishments in China;

 

(2) Have a residence in China;

 

(3) Possess Chinese nationality.