Hello,

The main advantages of Madrid registration are:

1. The procedure is relatively simple (without an agent)

If the Madrid international registration method is used, the trademark applicant can obtain trademark protection in multiple countries at the same time by submitting only one application to the Office. The procedures are relatively simple. It is simple, in contrast, the procedures for country-by-country registration are more cumbersome (country-by-country registration is generally entrusted to some firms with foreign-related experience, so it is not complicated for the applicant).

2. The cost is relatively low (if the registration is successful)

The cost of trademark Madrid international registration includes three parts: first, the basic registration fee is the fee of the designated country; third, the fee of the national trademark authority; in addition, If you entrust an agent to handle the matter, you will also need to pay a certain agency fee. Applicants for international registration can designate one or more member states in one application to request protection of their trademarks. Regardless of whether they designate one member state or all member states, applicants for international trademark registration only need to pay one basic registration fee. Therefore, the more countries you specify, the more cost-effective it is.

3. The time required is relatively short (relative to some countries)

It usually takes about 6 months from the date the applicant submits the application for international trademark registration to the Trademark Office to obtain the application from the International Bureau of the World Intellectual Property Organization (WIPO). A certificate of international registration of a trademark issued, which states the international registration number and international registration date of the trademark. Of course, the certificate of international registration of the trademark only indicates that the International Bureau has received the application for international registration. From the date of international registration, if the designated country does not issue a rejection notice to the International Bureau within the specified period (12 months under the Agreement, 18 months under the Agreement), the trademark will automatically be protected in the designated country. (If you apply to register a trademark in each country, the time required to obtain the exclusive right to trademark varies. For example, it takes half a year for France, Myanmar, Denmark, and the United Kingdom, one year for Israel and Hong Kong, and about four years for India).

Applying for an international trademark through the Madrid system has its advantages. If the application is successful, it can save time and cost, and it is more suitable for batch national applications. This type of application is more suitable for companies whose products are mainly launched in Europe and small and medium-sized enterprises to protect their own brands.

However, the Madrid registration system also has some shortcomings

1. It is not conducive to expanding protection

When applying for a trademark under the Madrid system, the trademark and designated goods must be completely consistent with the trademark of the country of origin. The selection of goods has great limitations, which is not conducive to brand protection and diversification of enterprises overseas. Development is also very disadvantageous.

2. Priority issue

According to the Paris Convention, any enterprise that is a member of the Paris Convention can enjoy priority when applying for trademark registration in other countries within 6 months after applying for a trademark in the country of origin. , but it takes about 6 months for the China Trademark Office to simply issue a notice of acceptance. Therefore, many large companies are unwilling to register in Madrid because they are worried about trademark squatting.

3. Unable to conduct effective searches

Applying for a trademark through the Madrid registration system can only search for trademarks that have been applied for in the Madrid system, but cannot conduct searches in designated countries. The search results cannot be effective and comprehensive, so the applicant They are completely unaware of the risks they may face in the future, and applicants are often sued for infringement for this reason.

4． The scope of registration is limited

Although the Madrid System has 80 member countries, they are mainly concentrated in the European region, while most countries including Canada, ASEAN (only Singapore joins the Madrid System), etc. are not here List.

2. Single country registration

There are about 200 sovereign countries, regions with independent legal systems and national organizations in the world, as long as the country or region has a trademark According to relevant regulations, trademark protection can be carried out through country-by-country registration.

The advantages of single country registration are:

1. Flexible application

Registration in most countries around the world does not require a registration basis in the country of origin. Companies have more freedom in what kind of trademark they want to apply for and what kind of goods or services they want to specify. Therefore, companies can ensure that trademarks enter overseas markets before goods, and can expand brand protection.

2. The risk is relatively small

When registering a trademark in a single country, a pre-inquiry will generally be conducted in that country. The applicant can clearly know whether his trademark has been registered in that country and what kind of applications will be filed for the trademark. As a result, whether the use of the trademark in that country would involve infringement.

3． Convenient rights protection

Registration in a single country is generally carried out through an intellectual property firm or law firm in the country. After successful registration, you can not only obtain the registration certificate officially issued by the country, but also can issue a special certificate in time if you encounter infringement issues. Prove it to avoid further losses. In addition, the firm will also pay certain attention to this trademark, and can promptly detect and deal with problems such as infringement or malicious registration by others.

4. Rights are relatively stable

The trademark application will be governed by Chinese trademark laws in whichever country the trademark is applied for. Unless the right holder seriously violates the trademark laws of that country, the exclusive right to use the trademark will remain stable during the validity period. In addition, when a registered trademark is about to expire, the agency will usually remind you to renew it, which cannot be achieved through Madrid registration.

5. Wide range of registration

Registration is available in about 200 countries and regions around the world, so I won’t go into details here.

Compared with applying for trademark registration through the Madrid system, registration in a single country will be more flexible and safer, and at the same time, it can provide more effective follow-up attention. It is more suitable for large enterprises or enterprises with high requirements for rights protection or without original rights. Enterprises that have registered and applied for trademarks in their respective countries but urgently need to use their trademarks overseas.

Correspondingly, registration in a single country also has certain disadvantages, which are mainly reflected in:

1. The cost is relatively high

In the case of batch registration, the cost of registering through the Madrid System is more than half lower than registering through one country (of course, the services received are different). For registration in a few countries, the notarization and certification fees are indeed high. For example, notarization and certification procedures in the United Arab Emirates require 8,500 yuan, but in most countries that require notarization and certification, the fees do not exceed 1,000 yuan.

2. Some countries are more time-consuming

3. Registration through the Madrid system generally takes no more than 18 months at most, while registration through a single country takes much more time. For example, registration in India takes about 4 years, registration in Brazil takes 3 years, and registration in the Philippines generally takes 3 years; however, in In some countries, you can obtain a registration certificate within one year after applying for registration, such as Switzerland, Singapore, Laos, Myanmar, Germany, France, etc.

In summary, Madrid registration and single-country registration each have their own advantages and disadvantages. Applicants should make a choice after comprehensively considering their own situation and various risks.

Hope to adopt it! ! !