With the acceleration of globalization, the trademark protection issues of enterprises have become more and more complicated. The differences between international trademark registration and domestic trademark registration have gradually become prominent in different countries. These differences involve legal protection, application process and application type. This article will explore these differences to help enterprises better understand and respond to the challenges of international trademark protection.
1. What is the difference between international trademark registration and domestic registration?
Domestic trademark registration refers to enterprises, institutions, social groups, etc. where the trademark owner has a residence, industrial and commercial business premises and is registered in accordance with the law in the country. Correspondingly, foreign trademark registration refers to trademarks registered abroad by foreign trademark owners that do not meet the domestic trademark conditions. When registering a trademark in China, the trademark right is protected by law in China, but it does not have legal effect abroad. Similarly, trademarks registered abroad cannot be protected in China.
2. Regional characteristics of international trademark registration.
First of all, trademark protection is regional. In international trademark registration, you need to choose which countries to register the trademark in order to obtain legal protection in these countries. Although international trademark registration allows you to use your trademark in different countries, it does not mean that it is protected in all countries. Therefore, if you want to obtain trademark protection in a specific country, you must register your trademark independently in that country.
3. Dual requirements for domestic and foreign trademark protection.
Secondly, if a trademark registered abroad is used in China, it is also necessary to register the trademark in China to obtain legal protection. Although foreign trademarks can be used in China, trademark rights are not protected by law in China without registration. This means that even if your foreign trademark has become well-known in China, you will still face the risk of infringement in the face of the law. Therefore, when foreign brands enter the domestic market, they must give priority to domestic trademark registration to obtain legal protection.
4. Operational steps for international trademark registration.
So, how to register a trademark that has been registered abroad in China? You can ensure your trademark rights in China by applying for a trademark registration certificate from the China Trademark Office. The protected countries and regions will be listed on the trademark registration certificate. If China is included in the registration certificate, you can obtain a domestic registration certificate for the trademark by applying, which will take about 2-3 months.
Although the trademark will be protected in China even if the trademark registration certificate is not applied for, the lack of a trademark office certificate may cause some trouble when handling legal affairs. This is because the evidence of Madrid registration needs to be certified by Switzerland before it can be used as valid evidence in China.
5. Different types of international trademark registration.
In addition, international trademark registration can be divided into different types. The first is single-country registration, that is, applying for trademark registration independently in each country. The second is the Madrid trademark international registration, which covers 83 contracting states and obtains trademark protection in multiple countries through a single application. Thirdly, the EU trademark registration applies to 27 EU member states, but it should be noted that the rejection of an application by one country may affect the entire EU. Finally, the trademark registration of the African Intellectual Property Organization involves 16 member states and provides intellectual property protection for French-speaking countries.
In summary, the difference between international trademark registration and domestic registration lies in regional legal protection and operating procedures. Although international trademark registration can be used domestically in some cases, it cannot obtain legal protection domestically. Therefore, in order to ensure comprehensive trademark rights and interests, companies must consider domestic trademark registration before expanding into the international market so that trademarks can be fully protected by law in different countries.