Current location - Trademark Inquiry Complete Network - Trademark registration - The actual effect of Madrid trademark
The actual effect of Madrid trademark
Registration in Madrid is just one way. Trademarks can be registered in a country or through Madrid.

Single country registration: If you want to get protection in a specific country, you can submit an application to the relevant country, and there is no registered trademark in China.

Registration in Madrid: To submit an application through the domestic trademark office and designate to submit an application in the relevant country, the domestic registered trademark shall prevail.

Comparison between Madrid registration and single country registration;

The application of 1. Madrid can be designated to apply in multiple countries. If there is no single country review opinion or preliminary rejection or objection, the procedure is simpler than that of single country registration, and Madrid trademark international registration can save some expenses; However, in case of temporary refusal, it is still necessary to follow the procedures of a single country and may have to pay more corresponding fees.

2. Madrid international registration cannot be inquired. If in the later substantive examination, some countries reject similar or identical trademarks, the paid registration fee will not be refunded; Generally, you can contact a single country to register in advance to reduce the probability of rejection.

3. The requirements for international registration in Madrid are the same as those for domestic basic registration, but the standards for trademark examination in China are different from those in some countries, and the international registration in Madrid cannot be inquired in advance. Therefore, the probability of replying to the examination opinions and replying to the rejection is higher than that in a single country. By applying for registration in a single country, lawyers of cooperative institutions in various countries can judge and check before applying, remove obstacles in the process of trademark application as soon as possible, reduce the chances of official review opinions and rejection in the future, and save time and expenses for applicants.

4. Madrid international registration must be based on a certain domestic basis; There are generally no restrictions on single country registration.

5. Madrid international registration only has the international registration certificate issued by the International Bureau, and there is no registration certificate that directly proves the trademark right (most member countries will not issue trademark registration certificates separately); After the trademark registration of a single country is completed, a registration certificate will be issued to visually indicate the trademark rights of each country. However, if registration in Madrid requires the registration certificates of member countries, it must be entrusted to a local law firm, which is expensive.

6. The validity of Madrid registration is unstable (central strike principle). International registration can only be decoupled from the country of origin (domestic) registration after five years. Once the country of origin (domestic) registration is revoked within five years, the international registration will also be revoked. So now, with the exception of a few countries that are purely members of the agreement, more than 90 other countries can designate as long as they get the acceptance notice in China, which reduces the application threshold on the one hand and increases the risk of registration on the other.