What does international protection of trademark rights mean
Trademark rights are strictly territorial and only exist in the country of registration Valid within. To this end, some international treaties have been signed to facilitate obtaining trademark protection abroad. This is the international protection of trademark rights,
main components
Paris Convention for the Protection of Industrial Property in 1883 Established, which provides for national treatment and priority rights for trademark owners (see International Protection of Patent Rights). The priority period for trademarks is 6 months. The registration of a trademark in one member country is independent of the registration in other member countries, including the country of origin. That is, the expiration or cancellation of a trademark registration in a certain member country does not affect the validity of the registration in other member countries. The conditions for trademark application and registration are in accordance with the domestic laws of each country. For trademarks registered in the country of origin, other member states should also accept registration applications and protection. However, if the trademark infringes upon the rights acquired by a third party, lacks distinctive features, violates morals and public order, and especially has the nature to deceive the public registration may be refused. The Convention also stipulates prohibitions on the use of national emblems, official signs and signs of intergovernmental organizations on trademarks. Currently, in the "Basic Recommendations" for amending the Paris Convention, developing countries require the addition of provisions prohibiting the use of "official names of countries".
The Madrid Agreement on the International Registration of Trademarks was signed in Madrid on April 14, 1891, from 1900 to Revised 6 times in 1967. As of March 15, 1983, there were 25 member states. The agreement stipulates that only member states of the Paris Convention can participate in the Madrid Agreement. Nationals of member states of the Agreement can apply for international registration to the International Bureau of the World Intellectual Property Organization in Geneva only after registering a trademark in their own country. After the registration is approved, the International Bureau publishes it and notifies those Member States where the applicant requested protection. These member states can declare within one year that the trademark will not be protected, but they need to explain the reasons; the applicant can file an appeal with the competent authority or court of the country. If the above declaration is not made within one year, the international registration will have the effect of a national registration in that country for a period of 20 years. The agreement also stipulates that within 5 years of the international registration, the cancellation of the original national registration will lead to the cancellation of the international registration. The benefit of international registration to trademark owners is that after the trademark is registered in the country of origin, they only need to apply and pay fees to one institution (International Bureau) in one language (French), instead of having to apply to each member state in many different languages. Apply and pay fees to government agencies. The same applies to renewal (every 20 years). For state agencies, the workload can also be reduced. Part of the fees charged by the International Bureau is transferred to the Member State where the applicant applies for protection. If there is a surplus at the end of the year, it can also be distributed to each Member State.
"Trademark Registration Treaty" June 12, 1973 It was signed on March 15, 1983, and had 5 member states as of March 15, 1983. The treaty stipulates that applicants can file an international application for a trademark with the International Bureau of the World Intellectual Property Organization (or through their own national institution). When an international application complies with this Treaty and its Implementing Regulations, the International Bureau will register it and publish it in the Gazette, and notify the competent authorities of each Member State where the applicant requests protection. The trademark registration authority of each country may refuse the validity of the international application within a period of 15 months, otherwise the international registration will obtain the same validity as the registration in that country. The international registration is valid for 10 years and can be renewed for 10 years each. The Trademark Registration Treaty does not require national registration before international registration. There is also no provision in the Madrid Agreement that the cancellation of the original national registration within 5 years of the international registration will lead to the cancellation of the international registration. The renewal procedure is also very simple. You only need to pay the renewal fee to the International Bureau when the term expires.
Article 9 of the Trademark Law of the People's Republic of China, which came into effect on March 1, 1983, stipulates: "Foreign When a person or foreign enterprise applies for trademark registration in China, it shall be handled in accordance with the agreement signed by the country where it belongs and the People's Republic of China or the international treaty to which they both participate, or in accordance with the principle of reciprocity. ”
No comments yet. Say something...