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Trademark Review Practice of the Belt and Road Countries (I): Layout of Overseas Trademarks
Time: 2025-10-27 Click count: 674

1、 Summary of countries along the the Belt and Road

Asian countries (41):China, Afghanistan, United Arab Emirates, Oman, Azerbaijan, Pakistan, Palestine, Bahrain, Timor Leste, Philippines, Georgia, Kazakhstan, South Korea, Kyrgyzstan, Cambodia, Qatar, Kuwait, Laos, Lebanon, Maldives, Malaysia, Mongolia, Bangladesh, Myanmar, Nepal, Saudi Arabia, Sri Lanka, Tajikistan, Thailand, Türkiye, Turkmenistan, Brunei, Uzbekistan, Singapore, Syria, Armenia, Yemen, Iraq, Iran, Indonesia, Vietnam.

African countries (52):Algeria, Egypt, Ethiopia, Angola, Benin, Botswana, Burkina Faso, Burundi, Equatorial Guinea, Togo, Eritrea, Cape Verde, Gambia, Congo (Brazzaville), DRC, Djibouti, Guinea, Guinea Bissau, Ghana, Gabon, Zimbabwe, Cameroon, Comoros, Cote d'Ivoire, Kenya, Lesotho, Liberia, Libya, Rwanda, Madagascar, Malawi, Mali, Mauritania, Morocco, Mozambique, Namibia, South Africa, South Sudan, Niger, Nigeria, Sierra Leone, Senegal, Seychelles,  Sao Tome and Principe, Sudan, Somalia, Tanzania, Tunisia, Uganda Zambia, Chad, Central Africa.

European countries (27)Albania, Estonia, Austria, Belarus, Bulgaria, North Macedonia, Bosnia and Herzegovina, Poland, Russia, Montenegro, Czech Republic, Croatia, Latvia, Lithuania, Luxembourg, Romania, Malta, Moldova, Portugal, Serbia, Cyprus, Slovakia, Slovenia, Ukraine, Greece, Hungary, Italy.

North American countries (13):Antigua and Barbuda, Barbados, Panama, Dominican Republic, Dominica, Grenada, Costa Rica, Cuba, Honduras, Nicaragua, El Salvador, Trinidad and Tobago, Jamaica.

South American countries (9):Argentina, Peru, Bolivia, Ecuador, Guyana, Suriname, Venezuela, Uruguay, Chile.

Oceania countries (11):Papua New Guinea, Fiji, Kiribati, Cook Islands, Federated States of Micronesia, Niue, Samoa, Solomon Islands, Tonga, Vanuatu, New Zealand.

2、 Country selection - ranked by priority

① A country eager to export

② Long term layout of countries

③ Registration hotspot countries and high incidence countries for rush registration

3、 Category selection - arranged by priority

① Core business

② Long term planning business

③ Products or services with high relevance to core business

4、 Different trademark systems

1. First to use:Malaysia, Singapore, Pakistan, etc

2. Apply first, obtain rights first(first-to-file):China, Thailand, Macau, Taiwan, Japan, South Korea, European Union, Benelux, Mexico, Indonesia, Philippines, Brunei, Laos, Cambodia, Vietnam, etc

3. Only conduct absolute reason review:Most of them are European countries, such as the European Union and the United KingdomCountries such as Germany, Hungary, Lithuania, Slovenia, Croatia, Albania, Benelux, Spain, Italy, Switzerland, and so on.

4. Not reviewing anything, only registering:East Timor, Maldives, and so on.

5. Absolute Reason Relative Reason Review:Taiwan, China, Hong Kong, Macao, Japan, South Korea, Vietnam, Laos, Cambodia, Thailand, Malaysia, India, Pakistan, Singapore, Indonesia, Brunei, the Philippines, Australia, New Zealand, the United States, Canada, Brazil, Mongolia, Russia, Bangladesh, Sri Lanka, Iran, Türkiye, Israel, Poland, the Czech Republic, Slovakia, Bulgaria, Estonia, Kazakhstan, Uzbekistan, Ukraine, Belarus, Turkmenistan, Tajikistan, South Africa, Argentina, the Bahamas, etc.

5、 Single country registration: hot country situation

1. Most South American countries do not conduct substantive examination, but the phenomenon of rush registration is high, so it is necessary to pay attention to applying in advance.

2Graphic trademarks must pay attention to the legal provisions and customs of the country where the trademark is registered, such as: in the UK, peacocks are considered unlucky birds, and in France, chrysanthemums are taboo; North Africa prohibits using dogs as trademark patterns, etc

3. Taiwan, Japan, and Germany all follow the procedure of registering first and then announcing.

4Restrictions on the number of products, such as 20 in Taiwan and 10 in South Korea.

5Some Middle Eastern countries prohibit alcohol and cannot register Class 33 trademarks, such as Libya and the United Arab Emirates. 

6The trademark applications for Maldives and Timor Leste are published in the form of announcements without examination.

6、 Examples of countries along the the Belt and Road——Review of Absolute Reasons in Thailand

1. Overall reflects the functional characteristics of the specified goods or services:

图片

2. Cases where the text lacks distinctiveness

(1)A word that directly expresses the quality or characteristics of a product or service:

 The trademark "EASY-GRAFT" lacks significance when used for "bone tissue has biological adsorption and can be used to repair bone defects". Because GRAFT has the meaning of transplantation, it represents the functional characteristics of a specified product. 

The trademark 'KWIK LOK' lacks distinctiveness when used on designated goods' sealed packaging products'. The pronunciation of KWIK LOK is close to quick LOCK, which means quick lock.

The trademark "twinfix" is used on the designated product "fixed device" and lacks distinctiveness. Double 'twin', indicating degree.

(2)One or more letters that directly represent the quality or characteristics of a product or service without artistic processing:

Trademark T-TEC. When letters that have not been artistically processed and one or more words that directly represent the quality or characteristics of goods or services are used as trademarks, they are considered to lack distinctiveness. Due to the fact that the "T" in the trademark in question is in regular print and has not been artistically processed, it does not have distinctiveness. In addition, the meaning of the "TEC" part of the trademark in the title is "technology", which is not significant when used to specify services such as "education; teaching services; practical training"

KMIX lacks significance when used in "electric mixers, mixing bars, mixed liquids, shredded and rotated residues, electric mixers, handheld mixers". The trademark consists of "K" and "MIX".

(3)Element composition too simple: letters too simple: trademark GV, used in "tobacco"

3. Cases where graphics lack distinctiveness

(1) The graphic element design is too simple:

图片

(2)Graphics are associated with specified goods/services:

图片
When used in teaching media, information, images, and teaching materials, it may be mistakenly believed that teaching materials, information, etc. are all treatments for pig diseases, thus lacking significance.
4. Violation of Prohibited Terms
① Official flags and symbols of foreign countries
② Symbols and flags of international organizations
③ World Scout Organization
5. How to overcome the lack of significant rejection?
Not feasible: 1. Defend that the trademark as a whole has no meaning; 2. Submit registration certificates from other countries; 3. Design the missing parts graphically
Feasible: By submitting evidence of widespread use in Thailand, it can be proven that consumers have recognized the trademark and gained significant recognition.

The following materials can be submitted as evidence of use: (1) the time of first use of the trademark, especially the time of first use in Thailand; Copy of evidence materials of trademark use in at least the past 5 years, such as advertising materials on media such as television, newspapers, and magazines, as well as a list of advertising expense bills, sponsorship activities, (2) awards, etc; (3) Photos, pictures, etc. of trademarks used for exhibitions or commercial activities such as trade shows; (4) The names and addresses of consumers, distributors, and agents, especially in Thailand; (5) Strive to commercialize goods and services with trademarks and protect the history of trademark reputation; (6) Business cards, letterheads, and envelopes with trademarks; (7) Annual financial reports for at least the past 5 years; (8) At least the sales and revenue in the past 5 years; (9) The website using the trademark and the time of its establishment; (10) Copy of business registration certificate in other countries; (11) Other useful files and information (if available)

butpleasenotemeaningasfruitbecauseforlackdullapparentwritesexsuffer, encountermeetrefutereturnneedwantmentionsupplyofproofaccording tonumberquantityneedwantyesbigquantityofsametimeeachplantproofaccording toupallneedwantbelthavebusinessmarkimagesample.

7、 Madrid National Registration

1. Advantages and disadvantages of Madrid

Advantages: ① Low cost; ② Facilitating unified management, statistical submission of renewal, transfer, change and other procedures.

Disadvantages:

The review time is relatively long, and it is not recommended to use it for countries that are eager to enter; Taking Germany and the European Union as examples:The examination time for applying to Germany and the European Union through a single channel is about 6-8 months;The review time for Madrid's application to Germany and the European Union is about 14-18 months.

② Domestic registration foundation
2. Comparison between Madrid and Single Application
图片
3. Which countries are not suitable for using the Madrid method
① Syria and Israel will reject it for political reasons;
② The Cambodian Pure Chinese Trademark Association requires a declaration of trademark meaning;
③ Some countries still do not issue approval protection notices, such as Afghanistan, making it difficult to protect their rights.
④ Thailand has rejected the issuance, and there will be no announcement or certification in the future. Additional payment will be required to monitor progress and pay for announcement and certification fees.
⑤ Vietnam, Norway and other countries do not accept applications for pure Chinese trademarks.
⑥ For countries that provide evidence of use, such as the United States, Mexico (3 years from the registration date in Mexico), and the Philippines, the time and renewal time for providing evidence of use are different, making it difficult to monitor the time limit and prone to missing the time limit.
4. Summary
Urgent to choose a single export option, long-term layout chooses Madrid
8、 Suggestions for naming English trademarks
1. Significant and highly original
2. Simple, catchy, and easily recognizable memory
3. More closely aligned with national conditions and culture
4. Not violating the ban clause of the target country
5. Related to corporate image and characteristics
6. In line with the characteristics of the product industry
7. Related to the target audience
9、 Other language trademark suggestions
1. Singapore, Malaysia

The relevant public has a higher recognition of traditional Chinese characters. Whether in print media, online media, or offline signs, traditional Chinese trademarks are usually used. Therefore, it is necessary to apply for traditional Chinese characters in Singapore and Malaysia. Malaysia and Singapore can apply for simplified and traditional Chinese characters as a series of trademarks.

2. Recommended for countries with local languages: (Recommended for non Latin alphabet countries)

Arabic: Kuwait, Iraq, Qatar, Jordan, Lebanon, Syria, Yemen, Saudi Arabia, United Arab Emirates, Oman, Somalia, Djibouti, Egypt, Tunisia, Morocco;

Russian: Russia, Ukraine, Belarus;

Japan: Japanese language;

South Korea: Korean.

10、 The necessity of inquiry

1. Is it recommended to check the relative reasons for English trademarks first

(1) The cost of searching abroad is relatively high, and in some European countries, the search cost is higher than that of registration. You can choose to conduct the search: for some countries that do not actively cite other people's prior trademarks to reject the trademark application, such as the European Union, the United Kingdom, etc., it is recommended to ① search for trademarks registered for the purpose of use, but in order to strive for an earlier application date, the application and search can be conducted simultaneously; ② You can select important European countries for search based on the business location, such as only searching in EU member states such as France and Germany. ③ The trademark requested for defense purposes can be applied for directly without inquiry, and a decision will be made after receiving a search report or opposition notice. If it is determined to abandon the application, the EU can apply for a refund of official fees.

(2) For countries with high recognition of English or strict scrutiny of relative reasons, it is recommended to conduct a preliminary search. Such as the United States, Australia, New Zealand, and Canada. Thailand, Russia, Singapore, Malaysia and other countries are recommended for pre search.

2. Is it recommended to check the relative reasons for Chinese trademarks first

① Taiwan, China, Hong Kong, Macao and Singapore will review the pronunciation and meaning of Chinese trademarks and suggest searching.

② Chinese is only recommended for countries with graphic censorship, such as the European Union, the United Kingdom, Norway, and Vietnam, and is not recommended for retrieval.

③ Countries that can review the pronunciation of Chinese, such as the United States and Canada, can search on their websites based on pinyin.

④ Japan and South Korea have their own standards for Chinese pronunciation, and it is recommended to entrust a local lawyer to conduct a search.

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