美国专利商标局发布新规：外国申请人和注册人须要指定美国执业律师代理商标业务

Categories:最新消息
Author:华讯知识产权
Origin:
Time of issue:2019-07-05 08:56
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(Summary description)7月2日，位于华盛顿的美国专利商标局（TheUnitedStatesPatentandTrademarkOffice，USPTO）发布了一条新的商标规则，所有的外国申请人、注册人以及商标谈判和上诉委员会程序的当事人必须委托一名美国执业律师代理其商标业务。这项新规适用于永久法定住所或主要营业地在美国境外的商标申请人、注册人、当事人，他们需要委托美国律师代理其在美国专利商标局的所有专利事务。另外，在代

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美国专利商标局发布新规：外国申请人和注册人须要指定美国执业律师代理商标业务

Categories:最新消息
Author:华讯知识产权
Origin:
Time of issue:2019-07-05 08:56
Views:

Information

7月2日，位于华盛顿的美国专利商标局（The United States Patent and Trademark Office，USPTO）发布了一条新的商标规则，所有的外国申请人、注册人以及商标谈判和上诉委员会程序的当事人必须委托一名美国执业律师代理其商标业务。这项新规适用于永久法定住所或主要营业地在美国境外的商标申请人、注册人、当事人，他们需要委托美国律师代理其在美国专利商标局的所有专利事务。另外，在代理专利事务之前，美国律师必须证明其为美国律师协会会员且信誉良好，提供律师协会会员信息。此新规的生效日期是2019年8月3日。

南京华讯知识产权顾问有限公司

美国专利商标局负责知识产权事务的副秘书长兼局长安Andrei Iancu说：“企业通过美国商标注册对其品牌做出重要的法律决策。为了保持注册的准确性和完整性，为了所有用户的利益，美国专利商标局必须有适当的手段来强制所有申请人和注册人遵守，这条新规打击欺诈性申请的重要一步。”商标专员Mary Boney Denison说：““世界上许多其他国家几十年来一直有这样的规定。我们相信这一新规将有助于申请质量。”

商标是一项具有地域性的知识产权，许多国家对境外的组织或个人申请其境内商标等业务作出相关的规定，必须由境内的组织机构代理。我国《商标法》第18条规定“外国人或者外国企业在中国申请商标注册和办理其他商标事宜的，应当委托依法设立的商标代理机构办理。”《商标法实施细则》第3条规定“外国人或者外国企业在中国申请商标注册或者办理其他商标事宜，由国家工商行政管理局指定的组织代理。”

南京华讯知识产权顾问有限公司

此项新规生效后，对于外国申请人和注册人在美国专利商标局申请商标、商标谈判等业务，都需委托美国有执照许可的律师，将会增加外国申请人和注册人的经济负担和时间成本。

在美国境外的组织、个人想取得美国注册商标，除了委托美国执业律师向美国专利商标局申请之外，另一种途径是通过马德里商标国际注册，即根据《马德里协定》或《马德里协定有关议定书》的规定，在马德里联盟缔约方间所进行的商标注册。马德里注册申请要满足三个条件：主体资格、相应的国内申请或注册基础、计划注册保护的目的国属于马德里缔约方。中国和美国都是马德里缔约方，因此，中国企业想取得美国注册商标，可以根据自身情况选择这两种途径。

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Electronic Arts pledges free use for five accessibility patents

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