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Intellectual Property Rights - Trademark Registration

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Frequently Asked Questions before Filing Trademark Application (I)

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Q: Which country(ies) shall I register my trademark?
A: We suggest the trademark owners to register the marks in the countries where they sell/provide their goods/services, the countries where the goods are produced in and the countries where the company is registered.
For example, a Hong Kong company produces the goods at a factory in Vietnam and sells the goods to the customers in the USA and EU. We recommend that you register the trademark in Hong Kong, Vietnam, USA and EU. If any staff of the company uses/registers the trademark, the labours of the factory smuggle the goods or any party to register the mark in your target market countries, you may sue them with the ground of infringement.

Q: Does it mean my products are made in the country which I get registered?
A:
Most Trademark Offices accept foreigner/ foreign company register trademark in their country. Therefore, trademark registration is not an origin proof of the goods or services.
You are not able to put “Made in Italy” on your goods if they are not made in Italy but only register the trademark in Italy.

Q: Does my mark registrable?
A: Most Trademark Offices divide two grounds for refusal in the stage of substantive examination. The first one is “Absolute grounds for refusal” and the second one is “Relative grounds for refusal”.
Absolute grounds for refusal include but not limited to the following reasons:
  1. The mark is devoid of any distinctive character; (e.g. “ALUMI” for aluminum; “APPLE” for apple, etc.)
  2. The mark designates the quality, geographic origin, time of production of goods or service, etc; (e.g. “1960” for red wine, “Swiss Mineral Water” for bottled water products, etc.)
  3. The mark consists with signs which have become customary in the current language; (e.g. “Telecom” or telephone logo for telecommunications services, etc.)
  4. The mark is the shape of the goods themselves;
  5. The mark is contrary to accepted principles of morality or likely to deceive the public;
  6. The mark consists of or contains the national flag or emblem, regional flag or emblem or their design;
  7. The application for registration of the mark was applied for in bad faith; etc.

Relative grounds for refusal: the mark is similar to or identical to one or more prior mark and likely to cause confusion to the public.
Therefore, if your mark has not be rejected with the abovesaid grounds for refusal, it is likely to be accepted for registration.

Q: What information shall I provide for register a trademark?
A: Kaizen will provide an order form for your handling, it includes the following particulars:-
  1. Information of the owner, i.e. name and registered address of the company or individual;
  2. Class(es) and Goods/services;
  3. Country(ies);
  4. Priority information, if any;
  5. Chinese translation of the above information for Chinese language countries;

Q: What document(s) shall I provide for register a trademark?
A: The information in the above question is sufficient for filing trademark application in most of the countries. However, some countries are required to provide the following documents:-
  1. Power of Attorney, Declaration (simply signed or notarized or notarized and legalized, which depends on country);
  2. A copy of identity proof of the applicant (passport or BR/CI, with signature and company seal, if necessary)
  3. A soft copy of the trademark in JPEG format.
  4. A priority document if priority is claimed (certified copy or notarized or notarized and legalized, which depends on country);

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