Detailed explanation of documents required for international wire transfer and evidence of trademark use
Due to the implementation of foreign exchange controls in our country, the remitter must submit relevant documents for bank review when remitting money according to the requirements of the Administration of Foreign Exchange.
Remittance of trademark licensing fees
For the remittance of trademark license fees that include the license or transfer of patents or proprietary technologies, a contract or agreement, invoice or payment notice, and a “Registered Copy of Patent Rights” and “Patent Advertisement Certificate” issued by the national trademark authority must be submitted. , “Technology Introduction and Equipment Import Contract Registration Validity Certificate”, “Technology Import License”, “Technology Import Contract Registration Certificate”, “Technology Introduction Contract Data Sheet” and tax vouchers issued by the foreign trade and economic authorities.
Remittance of trademark transfer fees
If the remittance involves trademark transfer fees that do not include licensing or transfer of patents or proprietary technologies, you need to submit a contract or agreement, invoice or payment notice, a “Certificate of Approval of Transfer of Registered Trademark” issued by the national trademark authority, and a tax voucher.
For the remittance of trademark transfer fees that include licensing or transfer of patents or proprietary technologies, in addition to the above documents, an additional registered copy of the patent issued by the national trademark authority or a “Patent Advertisement Certificate” is required.
Other types of fee remittance
- Remit fees for obtaining overseas authorization to translate or reprint overseas works in book form (including audio and video products to accompany book publication): Submit a contract or agreement, invoice or payment notice, stamped with the copyright supervisor The copyright licensing contract or contract registration approval of the department’s “Copyright Contract Registration Seal”, the approval document issued by the audio and video product authority, and the tax voucher.
- Remittance of copyright licensing fees for audio and video products: Submit a contract or agreement, invoice or payment notice, a copyright licensing contract or contract registration approval stamped with the “Copyright Contract Registration Seal” of the copyright authority. , approval documents and tax vouchers issued by the competent department of audio and video products.
- Remittance of copyright licensing fees for electronic publications: Submit a contract or agreement, invoice or payment notice, copyright licensing contract or contract registration stamped with the “Copyright Contract Registration Seal” of the copyright authority Approval, approval document issued by the audio and video product authority, and tax voucher.
- Remittance of computer software licensing fees: Submit a contract or agreement, invoice or payment notice, a copyright licensing contract or contract registration approval stamped with the “Copyright Contract Registration Seal” of the copyright authority. , “Technology Introduction and Equipment Import Contract Registration Effectiveness Certificate”, “Technology Import License”, “Technology Import Contract Registration Certificate”, “Technology Introduction Contract Data Sheet”, and tax vouchers issued by the foreign trade and economic authorities.
- Remittance of fees for licensing and transfer of proprietary technology: Submit a contract or agreement, invoice or payment notice, and the “Technology Introduction and Equipment Import Contract Registration Effectiveness Certificate” issued by the foreign trade and economic authorities. Technology Import License”, “Technology Import Contract Registration Certificate”, “Technology Import Contract Data Sheet”, and tax vouchers.
- Remittance of expenses for technical consultation, technical services, cooperative design, cooperative research, cooperative development, and cooperative production: Submit contracts or agreements, invoices or payment notices, and the “Technology Certificate” issued by the foreign trade and economic authorities. Introduction and Equipment Import Contract Registration Validity Certificate”, “Technology Import License”, “Technology Import Contract Registration Certificate”, “Technology Introduction Contract Data Sheet”, and tax vouchers.
- The cargo owner purchases international ocean freight and remits it: Submit the import or export contract and the special invoice for the international transportation industry (purchase and payment Huilian).
- Remittance of fees for commercial performances by overseas actors in China: Submit the approval of the cultural authorities for the overseas performance team to perform in China, the performance undertaking unit and the sponsor and the overseas performance team. Three-party performance contract or agreement (or the contract and agreement between the organizer and the undertaking unit, or the contract or agreement between the organizer and the overseas performance team), tax voucher.
- Remittance of expenses for overseas filming of film and television films: Submit the approval documents from the radio and television authorities agreeing to film and television films abroad, the cost budget approved by the competent authorities, and the approval document for the overseas mission.
- Remittance of overseas athlete transfer fees: Submit the business license of the enterprise, the athlete transfer agreement signed by Chinese and foreign clubs, the approval document or confirmation issued by the competent department, and the tax voucher.
- Remittance of fees for computer software services (including software development, storage networking, data processing, software, software installation, software, maintenance, etc.): submission of contracts or agreements, invoices or payment notices, taxes certificate.
- Remittance of expenses for computer hardware maintenance (hardware consulting, maintenance of computer hardware and various external equipment, etc.): Submit a contract or agreement, invoice or payment notice, and the ” Technology introduction and equipment import contract registration validity certificate”, “Technology import license”, “Technology import contract registration certificate”, “Technology introduction contract data sheet”, and tax vouchers.
- Remittance of domain name registration fees from computers: Submit a contract or agreement, invoice or payment notice, computer information system international networking registration certificate issued by the public security department, and approval from the industry competent authority.
- Remittance of computer information service fees: Submit contracts or agreements, invoices or payment notices, approval documents from business counterpart authorities, and tax vouchers.
- Remittance of information service fees under trade import: Submit a contract or agreement, import foreign exchange payment verification form, import customs declaration form, invoice or payment notice, and tax voucher.
- Remittance of funds under international compensation (excluding compensation under international trade): Submit a court judgment or an arbitration letter issued by an arbitration institution or a mediation letter issued by an authorized mediation institution.
- Consulting service fee (excluding technical consultation) remittance: Submit contract or agreement, invoice or payment notice, tax voucher.
- Remittance of start-up expenses and annual funds for establishing a representative office or agency abroad: Approval documents and budget documents from the competent authorities approving the establishment of the agency.
- Remittance of overseas advertising fees: Submit contracts or agreements, invoices or payment notices, and tax vouchers.
- Remittance of exhibition fees for overseas exhibitions: Submit the approval document from the China Council for the Promotion of International Trade or the competent foreign economic and trade department, the approval document for a business trip abroad, the booth confirmation letter from the exhibition organizing committee, the overseas payment notice, or Invoice (if the exhibition booth is obtained by a regional agent, the authorization letter from the exhibition organizing committee of the regional agent must also be reviewed).
- Remit overseas exhibition fees (such as booth fees, construction fees, exhibition prop rental fees, electricity and water and electricity installation fees, advertising fees, exhibit freight, miscellaneous fees, etc.): Submit a contract or agreement, Invoices or payment notices, and other relevant materials.
- Remit overseas quality certification fees: Submit contracts or agreements, invoices or payment notices, and tax vouchers.
US trademark use evidence submission system
The United States is a country that follows the first-to-use principle. Trademark owners should submit evidence of use on time during the trademark application process or after approval of registration to maintain trademark validity. If a trademark application is based on use, the applicant will need to provide evidence of use when submitting the application. If you apply based on intention, you need to submit evidence of use and an oath within 6 months after the trademark passes the examination and announcement period, otherwise it will not be registered.
After a trademark is registered, the owner must submit evidence of use and an oath within the 5th to 6th years, the 9th to 10th years from the registration date, and every 10 years thereafter, otherwise the registration will be revoked.
When submitting an oath of use, it can be submitted alone or together with the oath of incontestability. The latter protects the registration from revocation due to lack of distinctiveness or prior use.
Product trademarks require 3-5 photos and actual sales certificates, while service trademarks require website links, promotional posters, etc.
Notes on U.S. International Trademark Registration
- Preparation in advance: Trademark registration involves a lot of documents and information, and preparation in advance can avoid delays.
- Trademark search: Confirm that the applied trademark does not conflict with existing trademarks to reduce the risk of infringement.
- Evidence of use: Provide evidence proving the actual use of the trademark in the US market, such as sales records, advertising materials, etc.
- Entrust an agent: It is recommended to entrust a professional to apply on your behalf to increase the success rate.
- Application Fees: Pay application, review and registration fees promptly.
- Application Tracking: Track the application progress through the official website and respond to review comments in a timely manner.
Conclusion
Whether it is international wire transfer or trademark registration, the required materials need to be submitted in strict accordance with relevant regulations to ensure that the process proceeds smoothly. It is critical for businesses and individuals to understand and follow these requirements.