Trademarks

Cityscope has extensive dealings in acquiring trademarks for its customers. The regions in which we perform most of our dealings (but are not limited to) are listed below.
The role of trademarks

1. The most important role in the replacement of goods will be different, producers, managers, producers of the same or similar goods or services that distinguish it from, so buyers are able to compare products.
2. The trademark must represent a specific commodity of quality and specifications, reflecting the specific producers and/or operators of the quality of goods.
3. Is the purchaser until accepted by the community as a whole, authorized the test of the standard of quality goods, reflecting the commodity producers, operators of the credibility of the enterprise’s image.
4. Can promote, producers, managers continuously improve the quality of goods, improving the competitiveness of commodities, and striving for brand-name, well-known trademarks, a large market, access to higher profits.
5. Trademark of graphics, text, or a combination of its logo and simple slogan, that make it easy to remember and identify.
6. Trademarks are the special logos of merchandise. The brand name is the best use of publicity in the selling process, it can play the function of advertising, and therefore, trademarks are of paramount importance in product development. A successful trademark entails high profit.
What kinds of trademarks can be registered

The different shapes and forms of trademarks are nearly unlimited. Trademarks can be text, words, or a combination of letters and numbers. They can be graphics, colors, symbols, three-dimensional signs (such as the shape of goods and packaging), audio signs (such as music or sound), and can also be used to describe the flavor or a distinctive characteristic.

In addition to identifying the goods or services of commercial sources, there are other types of trademarks as well. Collective marks owned by the association’s members indicate they meet certain quality standards set by the association. These associations are representative of the Institute of Certified Public Accountants, the Association of Engineers and Architects Association. Certification marks can be used by any member to achieve certain trademarks of required standards. Anyone who uses related products to certain provisions of the standard of proof will a certification mark. For example, the cheese used in the United Kingdom marked “the first Andean Fullerton” is a certification mark.
How to register a trademark

First, the applicant must apply to the appropriate country or region and Trademark Office. The applications for registration must have a clear pattern of signs, including any color, shape, or three-dimensional characteristics. The applications must also set out to use the logo of the list of goods or services. The signs must meet certain conditions, so that other trademarks or types of tags will be protected. The signs must have significant characteristics so that consumers can identify the trademark as a sign of a specific product and to differentiate between other product’s trademarks. The signs should not mislead or deceive consumers, nor should they violate public standards.

The applicant may not submit an application for a trademark that is the same or similar to an already existing trademark. The applicant must verify this. This can be done through the National Bureau of search and examination. A third-party objection to the applicant’s trademark must be identified and proved to be a similar or identical trademark.

The scope of trademark protection

Almost all the world’s countries adhere to trademark registration and protection. Each country or region contains a registration record, which contains information on all registration and renewal of all applications, for the review, retrieval, and possible objection by a third party to facilitate. In laymen’s terms, a trademark registered in one country should be protected worldwide. However, the effectiveness of trademark registration is limited to the implications of individual countries.
In order to avoid different codes in each country or region, the World Intellectual Property Organization implemented a system of the International Registration of Marks. The system is based on the two treaties, that is, “Madrid Agreement Concerning the International Registration of Marks” and “The Madrid Protocol.” The treaty provides a link (by nationality, residence, or business) between the trademark’s home country of registration and the Madrid Union. This thereby creates an effective international trademark registration. At present, there are more than 60 countries participated in one or two agreements.

 
Chinese enterprises or individuals

If an applicant wishes to use a registered trademark in China within the United Kingdom, this applicant must follow the necessary procedure as the protection of the law must be made in the United Kingdom Trade Marks Registry. Chinese enterprises based on the national trademark registration or applications for the Madrid international trademark registration must request protection of territorial extension within the United Kingdom. The EC is for trademark registration, protection in the United Kingdom, and direct application for trademark registration in the United Kingdom. Application procedures for British trademark registration are listed below:

1. Submit applications for registration
Chinese enterprises and individuals must be commissioned by the local agents of the United Kingdom to the United Kingdom Patent Office to submit applications for trademark registration. British applications for trademark registration have the objective of obtaining “Nice Classification,” Trademark classification of goods and services is divided into 45 categories. The applicant must apply in accordance with the designated categories of goods and services. It may be advantageous for the applicant to select many categories but this accrues to higher fees.

2. Trademark registration review
The British Office for the submission of applications for trademark registration conducts the first review. It determines if the application documents have been maintained, the reproduction of the mark is clear, and whether the type of goods or services is asserted and explained accurately. The inspector will not only apply British laws to the relevant provisions of the trademark, the inspector can be registered to conduct a preliminary review, but the first objective is to find any conflict within the trademark application. If there are no marks applied for, the application will be trademark notice. If the inspector concludes that the trademark can not be registered, trademark applications will be rejected along with a list of corresponding reasons. The applicant can reply within the specified period of time (usually six months) to fulfill the requirements and overturn the rejection decision. If the applicant does not answer for the establishment of trademark applications, the application will be officially dismissed.

3. Dismissed and review
If at the conclusion of the review, the trademark application was formally rejected, the applicant can appeal in two ways. First, the applicant may contact the Judge of appeal. The second method of appeal is to contact the Court of Appeal.

4. Notice and objections
A review of the trademark will be published for the trademark on notice. The notice period lasts three months. Anyone can challenge the decision in this period and submit relevant evidence during this period to take take the trademark off notice.

5. Registration and expiration date
If there is any objection to the notice and it is convicted, then the trademark will not be registered. If however there is no objection to the trademark notice, the trademark will be registered and issued registration cards. Trademark registration is valid for 10 years from the date of registration. The applicant may apply for renewal once every ten years.
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British Trade Marks Registry

British trade mark applications for materials

(1) individual applications can simply submit a photocopy of an identification card.
(2) the application will be attached to the company’s business license.
(3) to provide a sample of registered trademarks, image size requirements must not be more than 10 × 6 cm
(4) fill out the application form 1. It must be then signed by the applicant or by an agent signing.

British trade mark registration fees inquiries, please call: +86-21-5108 2765

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EU Trade Marks Registry
EU trademark is under CTMR (EC Trade Marks Ordinance) under the conditions of access to OHIM (EC Internal Market Coordination Board). It is registered in the EU within the framework of effective and used to identify and distinguish goods or services tags.

The unity of the EU trademark

EU trademark applications for registration are effective throughout the EU. All EU corresponding trademark applications for registration will be automatically extended to all 27 member states. It is impossible to only register within one state. Moreover, the EU has a trademark registration by the OHIM control of the registration process, without the National Institute of Industrial Property of intervention. In addition, if any of the EU’s trademark is invalid, rejected, or expired, it will be invalid, rejected, or expired within the entire EU. Finally, the EU trademark is a single property. It will only be valid in the EU as a whole (and not separate member states); the property is transferred. However, there are some geographical restrictions on the trademark license, or even just limited to a particular member of the permit.

Trademarks are covered by the EU Member States

The European Union’s 27 countries: The United Kingdom, Germany, France, Italy, Belgium, Luxembourg, Denmark, Sweden, Spain, Portugal, Finland, Greece, Austria, the Netherlands, Ireland, Cyprus, the Czech Republic, Hungary, Estonia, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia, Romania, and Austria.

EU trade mark registration procedures.

1. Applicants to the EU or EU member states must apply to the Trademark Office;
2. EU trademark applications will inform the members of the Office to carry out the review of national trademarks;
3. After the adoption of the review, the trademark is put on notice for three months. During this time a third party may make objections to the trademark;
4. If there are no objections raised by a third party within three months, the trademark applications will be approved in a year.

EU trade mark applications for materials

1) Name, address (in English);
2) Classification of goods/services according to the International Classification and designated use of the commodity/service list;
3) copies of business licenses;
4) The reproduction of the mark on clear, high-quality paper. If color trademarks, the applicant is required to submit a draft of a black and white copy, and colored copy of the mark; specifications shall not be less than 5 cm × 5cm nor larger than 10 cm × 20cm;
5) authorized power of an attorney (with the Company, but by attorney’s signature).

For EU trademark registration fees inquiries, please call: +86-21-5108 2765
The EU trademark registration system has no impact on certain member countries (including Belgium, the Netherlands, Lu trademark system). Certain countries like these require individual trademark applications from the application enterprise. Enterprises are free to choose member states of a separate application for registration of trademarks or registered trademarks of the EU. They can also apply for both the EU’s and the state’s trademark system. A large number of existing enterprises in the member countries that have registered trademarks are still valid. The EU is entirely dependent on the protection of country-wide trademarks and therefore access to the EU member states’ trademarks and trademarks of dual protection. It depends entirely on the trademark of all the applicants and the strategic need. However, if applicants of the trademark register with member countries before the EU trademark registration, then members of the earlier trademark will have the right to the trademark. Members of the Industrial Property Office will not take the initiative to review the first application. Only first place with the right people can make a request, through the trademark in the EU announcement on the date of three months to submit objections, or in accordance with the relevant provisions in the EU for its trademark registration can make the application invalid.

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German trade mark registration
Germany registered trademarks types

Text, letters, numbers, graphics, sound, stereo, and so on.

German applications for trademark registration documents

1. Applications. Must be signed by the applicant; The company’s official seal must be covered by the authorized signature.
2. Specification of the products or services. Germany uses a register of trademark goods and services using the International Classification of “Nice Classification.” The applicant may hold a better chance of gaining approval if more goods and services are applied for “Nice Classification”. However, the number of categories the applicant applies to increases the application fee.
3. Registered trademark of drawings cannot be larger than 26.2 × 17CM. Trademarks must be in the text. If the trademark being applied for is not text, such as graphic design or trademarks of a designated color combination, then the applicant must provide four copies of the image.
4. An applicant representative is appointed for trademark registration. An attorney’s signature is required and can be done without notarization. No business in Germany by the applicant or registered trademarks of the trademark owner must designate a German patent attorney or agent for their lawyers.

German trade mark registration procedures.

German Patent and Trademark Office registration applications were received after the first confirmation of the date, then immediately sent to the applicant or agent containing the application and the date of application of the admissibility notice. The Patent Office reviews applications very strictly. If applicants do not meet the requirements, the applicants will be notified, and the deadline will be corrected. The Patent Office will take trademark applications under substantive review. The only review whether the trademark itself under the trademark “disable tag” (that is: whether there is a trademark itself, “R”). For registration of the trademark applications, the Patent Office that approved the registration will approve the trademark registration form. If the trademark will not be registered, the patent office will notify the applicant in writing within a specified time period to present their reasons why it was not registered. If the Patent Office does not believe the applicant’s opinion will change their decision, a notice of dismissal will be sent to the applicant. If the applicant’s trademark registration was rejected, the applicant will be granted one month’s notice to the Federal Patent Court to appeal. I the applicant is still dissatisfied, they can also bring the case to the Federal Court of Appeal.

German trademark registration is valid
The protection of trademark registration is a period of 10 years from the date of application. After 10 years the trademark may be renewed. Renewal must be made before the last day. If the applicant has not renewed by the necessary due date and not paid the necessary fees, the patent office will notify the applicant of their trademark registration potentially revoked. The applicant may still register and renew the trademark within 6 months of receiving this notice but must pay a fee.

Germany registered trademarks of notice and objections
German trademark law will take notice after the procedure. When the Patent Office approves the trademark registration, they will form a “trademark notice” and publish it in the Trade Marks Registry notice. If someone objects to the notice within three months from the date it was conceived and brings forth evidence that any of the same or similar trademarks were registered before the trademark on notice, then it can be objected to. If the patent office finds the evidence to be significant, the trademark on notice will be disbanded. If the notice expires without objection, or the Patent Office rules the objection is not sound, the notice will officially become a trademark registration.