How to handle the international registration of Madrid trademarks?
According to the agreement and protocol, China is a legal person or natural person in the country of origin. To apply for the international registration of a trademark through an agreement or protocol, you must first obtain the trademark registration in China and conduct preliminary examination and approval, or apply for the international registration of a trademark on the basis that the application has been accepted. You can go directly to the Trademark Office or mail it, or entrust an agency to handle it.
Where an application for international registration of a trademark is subsequently designated, transferred, deleted, abandoned, cancelled, the name or title of the registrant, the name or address of the agent, the renewal, the appointment of an agent and other related matters, the applicant may directly or entrust an agent to handle the matter at the Trademark Office; You can also entrust an agent or go directly to the International Bureau of the World Intellectual Property Organization (hereinafter referred to as the International Bureau). However, the application for overdue designation, transfer, deletion, abandonment and cancellation of the international registration of trademarks related to the member countries of the Madrid Agreement must be handled through the Trademark Office.
Notice of trademark announcement, registration certificate and renewal certificate, etc. Once a trademark applying for international registration is registered in the international register, the International Bureau will be responsible for publishing it in the World Intellectual Property Organization's international trademark announcement once a week, and anyone can order it. Trademark registration certificate, renewal certificate and other relevant notices shall be sent directly by the International Bureau to the applicant, registrant or their agents.
Conditions for international registration of Madrid trademarks
When submitting an application for international trademark registration, an applicant from China must meet one of the following conditions:
1. Submit an application according to the Madrid Agreement (the designated country is the agreement country): An application for international registration of a trademark must be approved and registered by the Trademark Office of the State Administration for Industry and Commerce of China (hereinafter referred to as the Trademark Office).
2. Submit an application for registration according to the Madrid Protocol (the designated country is the agreed country): To apply for international registration of a trademark, the trademark office must accept the application for registration or approve the registered trademark.
3. The contents of the trademark applied for international registration must be exactly the same as those of the trademark registered by the applicant in China, and the goods designated for use should be the same as those registered in China or not beyond the scope of the original registered goods.
Benefits of Madrid trademark international registration
1, low cost
When a trademark is registered internationally through the Madrid Agreement, each designated country has to pay a designated fee. However, the designated fee for each member country is lower than that for individual registration in each country. First of all, the designated fees within the three categories of Madrid agreement countries are all 100 Swiss francs, which is lower than the actual official trademark fees of most of these agreement countries; Secondly, although the costs of Madrid Protocol countries are different from country to country, they are basically the actual official trademark costs of these countries, and no additional costs have occurred.
Step 2 save time
The date of international registration of a trademark shall be the date when the State Trademark Office receives the application. When the application procedure is completed, the Trademark Office will compile the application number and send the application to the International Bureau within 2-3 months. If the application procedures for international registration of trademarks are complete, it will take about 3-4 months for the International Bureau to issue a trademark registration certificate. From the date of international registration, if the rejection notice of the agreement country is not received within 12 months or within 18 months, it means that the trademark has been automatically protected in the agreement country or the agreement country. For those countries where the actual examination period is very long, this provision greatly shortens the time for applicants to wait for trademark registration and protection in that country.
3. Simple procedures
Applicants for international registration of trademarks submit their applications to their own trademark offices or through their own agency organizations, and apply for international registration of trademarks directly to the International Bureau of the World Intellectual Property Organization through the trademark offices. They can designate multiple countries to apply for protection without entrusting foreign agency organizations to apply on their behalf. The procedure is simple.
Disadvantages of Madrid International Registration
1. The number of countries registered internationally is limited.
Because "Madrid Agreement" was first put forward by a country that implemented the principle of trademark registration, obtaining domestic registration in that country as a prerequisite for applying for international registration limited the enthusiasm of some countries that implemented the principle of trademark use;
Up to now, there are only more than 80 countries in Madrid Union, and some important countries with close trade ties with China are not members. Most countries in North America, South America, the Middle East, Africa and Southeast Asia are still outside the system, including Canada, Brazil, Argentina, Malaysia, Thailand, Indonesia and some other important trading partners of China. China enterprises cannot obtain the trademark registration of these countries through Madrid International Registration, and they can only apply for trademarks one by one at the same time.
2. Requirements are based on domestic application and registration.
International registration must be based on domestic trademark application and registration. According to the Madrid agreement, the application must be based on the domestic registration of the same trademark or the preliminary application announcement; Under the Madrid Protocol, the application must be based on the national registration application of the same trademark, so there are certain restrictions on the application time.
3. There are limitations in the way of pre-inquiry of international registered trademarks.
Madrid trademark international registration system can only query the international trademark information registered through this system, but it does not have the ability to search and query the trademark information of all member countries in Madrid system. Therefore, for the trademark to be registered in the national standard, if you need to know the feasibility information of the trademark registration in the designated country and region in advance, you can only search, query, analyze and judge one by one through the trademark agency or lawyer agency in that country and the specific trademark situation in that country. Moreover, as in the case of country-by-country registration, it is necessary to pay a high additional search and query fee, and the query result depends on the institution and agent that implements the query.
4. The problems in applying for registration are the same as those in registering one country at a time.
For the Madrid and international registration applications submitted by the applicants, the International Trademark Office is only responsible for transmitting the relevant application documents to the trademark authorities in designated countries, and the trademark authorities in designated countries will review the applied trademarks according to their own laws and regulations. If the trademark authority of a certain country thinks that the trademark application does not conform to the laws of the designated country, it needs to be amended, or rejected (in whole or in part), or raised by others, and other matters need to be handled, the International Trademark Office is only responsible for transmitting relevant notices, not legal documents such as review or defense that the applicant needs to submit to the contracting parties. At this time, the applicant can only entrust an institution recognized by the contracting party to submit it. Trademark applicants need to entrust agents (lawyers) of designated countries through relevant agencies to handle relevant legal procedures, and pay corresponding defense, examination and other fees and agency fees. The handling of these trademark matters is the same as country-by-country registration, and Madrid international registration has no advantage.
5. There is no uniform registration certificate.
Although Madrid International Registration can quickly obtain the international registration certificate and international registration number issued by the International Trademark Office after applying for international registration, the international registration certificate of a trademark is very simple, which is only the proof of the application for international registration of a trademark, and its effect is only equivalent to the domestic acceptance notice, and it is not an effective legal document that a trademark can be protected in a designated country. At present, only a few countries can issue the trademark registration certificate of the designated country after approving the international registration application (such as the United States, Japan and other countries), while the trademark authorities of most countries generally do not issue the registration certificate or approval notice after examination, but only issue a notice stating that they are protected in that country. Some countries don't even protect declaration documents, which only means automatic protection. Only when the trademark is rejected in whole or in part will the notice of rejection be issued to the applicant. Therefore, the applicant can only infer whether his trademark has been approved by the competent authorities of the relevant contracting parties by calculating the time limit for rejection.
For domestic applicants who are used to the registration certificate stamped by the trademark authority, the absence of registration certificate will make them feel a little insecure, and applicants in most countries have the same idea. If it is really necessary to prove that the trademark is protected in a designated country, it is necessary to issue a trademark registration certificate to the trademark authority of that country and pay the relevant fees separately.
6. Instability of registration effect
Because the requirements for international registration are based on domestic application and registration, it will take five years to decouple from the registration of origin, so once the registration of origin is revoked within five years, the international registration will also be revoked, which is the so-called central strike principle.
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