日志样式

What are the differences between international and domestic trademarks?

Domestic trademarks: refer to trademarks whose owners are enterprises, institutions, social organizations, individual industrial and commercial households, individual partnerships, etc. that have domiciles, headquarters, real and effective industrial and commercial business places in China, are legally registered by the administrative department for industry and commerce, and independently bear civil liability. For joint - venture, cooperative, and wholly - foreign - owned enterprises established by foreign individuals or enterprises through investment in China, if their legal industrial and commercial registration places are within China, the trademarks they own are domestic trademarks. Similarly, they should also apply for trademark registration according to the regulations for domestic enterprises. If the trademark registration certificate is not applied for, it can also be protected in China. However, when handling legal affairs, without the certificate issued by the Trademark Office, there will be troubles because the registration certificate of Madrid registration is extraterritorial evidence and needs to be notarized and authenticated in Switzerland before it can be used as evidence in China. Domestic trademark registration only requires you to provide corresponding materials to the State Trademark Office for application.


There are several types of international trademark registration:
One is single - country registration, that is, trademark registration in each country respectively.
The second is Madrid international trademark registration. So far, there are 83 contracting parties in Madrid in total.
The third is EU trademark registration. At present, there are 27 EU member states. As long as there is a rejection in one member state or an objection is raised by someone, which ultimately leads to the rejection of the registration, the entire EU application will be rejected.
The fourth is trademark registration in the African Intellectual Property Organization. The African Intellectual Property Organization (OAPI for short) is a union for protecting intellectual property rights composed of former French colonies whose official language is French, with a total of 16 member states.


First of all, trademark registration protection is territorial. A trademark registered in a certain country is protected by the law of that country. A trademark registered abroad can be used in China without showing any certificates. But it is not protected by Chinese law. Therefore, when foreign brands enter the domestic market, they are also required to carry out trademark registration to obtain exclusive trademark rights; otherwise, they will not be protected by the law. Many foreign brands register domestic trademarks when or even before entering the Chinese market. It is not too much to say that a trademark is a market access permit and an umbrella.


Secondly, since a trademark registered abroad, if you want to use it in China, it must be registered in China to be protected. So how do you operate specifically? The names of the protected countries and regions will be written on your trademark registration certificate. If China is written on this certificate, you can apply to the Chinese Trademark Office for a trademark registration certificate. The time required for applying for a trademark registration certificate is about 2 - 3 months.