Madrid trademark, that is, according to madrid agreement concerning the international registration of marks (hereinafter referred to as? Madrid agreement? ) or the relevant protocols of madrid agreement concerning the international registration of marks (hereinafter referred to as? Madrid protocol? ), a trademark registered between the member countries of Madrid Union. What we usually call international registration of trademarks refers to the international registration of trademarks in Madrid.
As of October 23rd, 23, Madrid Union has 74 member countries (or contracting parties). The madrid agreement concerning the international registration of marks was signed in Madrid, Spain on April 14th, 1892, and the required language is French. On June 27th, 1989, the Protocol of madrid agreement concerning the international registration of marks was signed in Madrid, Spain, which stipulated that applicants could choose to use English or French. What are the shortcomings of Madrid's international registration of trademarks?
(1) Limitations of registered countries
The members of Madrid Union are biased towards European countries, and some countries with close trade ties with China, such as the United States, Canada and Southeast Asian countries, are not yet members. Chinese enterprises cannot obtain trademark registration in these countries through Madrid international registration.
(II) Requirements Based on Domestic Application and Registration
Madrid international registration must be based on domestic trademark application and registration. Under 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 time of application.
(III) Instability of registration effect
Because Madrid's international registration requires domestic application and registration, it can only be decoupled from the registration of the country of origin after five years, so once the registration of the country of origin is revoked within five years, the international registration will also be revoked, which is also called the principle of central attack. How to apply for Madrid international trademark
The application procedures shall be handled by China Trademark Office to the International Bureau. The application procedures for international registration of a trademark shall be submitted by the applicant to the China Trademark Office, which shall uniformly register with the International Bureau of the World Intellectual Property Organization in Geneva, Switzerland. The international bureau does not accept the self-application of a single enterprise.
Madrid trademark international registration procedure
The date of international registration of a trademark shall be based on the date when the State Trademark Office receives the application documents. When the application procedures are complete, the Trademark Office will compile the application number and send the application to the International Bureau. If the application procedures for international registration of trademarks are complete, it will take about 3-4 months, and the International Bureau can issue trademark registration documents.
each protected country specified in the application accepts the application for review according to its own national laws. If the trademark applied for protection (i.e. trademark with extended protection) is rejected by the country designated for protection within one year and one and a half years from the date of filing the application (within one year of the agreement country and one and a half years of the protocol country), the applicant may entrust an agency to lodge a complaint according to the laws of the rejected country. If the application is not rejected within the above-mentioned one-year and one-and-a-half-year period (that is, the notice of rejection is not received), the trademark is deemed to be automatically protected.
validity period and renewal of registration: the validity period of an internationally registered trademark is 1 years, which can be renewed, and the protection period for each renewal is 1 years.
Madrid registration process and time
An international application for a trademark must be submitted to the applicant's home office in the official working language of the Madrid system.
1. application for basic registration
in order to register a trademark internationally in Madrid, the applicant's trademark must be a trademark that has been registered in its home country (that is, its own country) or a trademark that has been notified of acceptance.
2. The date of filing an application for
international registration of a trademark shall be the date when the Trademark Office receives the application. If the application procedures are complete and the application documents are filled in according to the regulations, the application number shall be determined, and the Trademark Office shall send the application documents (in English or French) to the International Bureau within 3 days;
3. The International Bureau examines
After receiving the application for international registration, the International Bureau of the World Intellectual Property Organization (WIPO) considers that the procedures are complete and the categories and names of goods and services are correctly filled in, and then registers them; If the procedures are not complete, the registration will be suspended and the Trademark Office will be notified.
The Trademark Office shall notify the applicant or agent to complete the formalities within 15 days from the date of receiving the notification from the International Bureau; After examination, it meets the requirements of the International Bureau, and after the application has been or will be submitted to the designated countries for examination, the international registration certificate of the trademark will be issued, which usually takes about 6 months.
the international trademark registration certificate is not the certificate that the trademark has been approved for registration; Its significance lies in that the international registration number and international registration date are the basis for the applicant to carry out a series of activities such as later designation, change, transfer and renewal of trademarks.
4. The examination of
whether a trademark can be registered in each designated country shall be subject to the examination of each designated country.
5. The protection countries designated by the agreement countries and the protocol countries when examining the application for international registration of
trademarks will decide whether to protect them according to their respective national laws, and shall declare the rejection to the International Bureau.
according to the agreement, the time limit for declaring rejection is at most one year, that is, if an application for designated protection is not rejected within one year, the application will be automatically protected (according to the provisions of the protocol, member States can extend the time limit for the right to reject to 18 months if necessary).
from the date of international registration, if you don't receive the rejection notice from the agreement country within 12 months or the protocol country within 18 months, it means that the trademark has been automatically protected in the agreement country or the agreed country.
With the advantages of its procedural mechanism, the Madrid system enables trademark owners to directly submit an application for international registration to the trademark offices of their countries or regions, so that their trademarks can be protected in many countries of Madrid Union. The registered international trademark is equivalent to the trademark registration application or registration directly made by the applicant in each designated country or organization.
The above is the Madrid international trademark provided by Xiaobian. I hope you will like it! Madrid trademark registration