Madrid international registration of trademarks refers to trademark registrations among member states of the Madrid Union in accordance with the provisions of the Madrid Agreement on the International Registration of Marks or the Protocol Relevant to the Madrid Agreement on the International Registration of Marks.
Applicant qualifications:
Applicants must have certain subject qualifications. Applicants should have a real and effective industrial and commercial business place in my country; or have a residence in my country; or have Chinese nationality. In addition, legal persons or natural persons in Taiwan Province can apply for international registration through the Trademark Office. However, legal persons or natural persons in the Hong Kong and Macao Special Administrative Regions cannot currently apply for international registration through the Trademark Office.
Application conditions:
Trademarks applying for international registration must have started certain trademark registration application procedures in my country. The country designated by the applicant for protection is a pure party to the "Madrid Agreement", and the trademark applying for international registration must be a trademark that has been registered in my country; the country designated by the applicant for protection is a pure party to the "Madrid Protocol", or it belongs to the same "Madrid Agreement" Agreement" and the "Madrid Protocol" contracting parties, the trademark applying for international registration can be a trademark that has already filed a registration application and been accepted in my country, or it can be a registered trademark.
Applying methods:
There are two ways to apply for Madrid trademark international registration through the Trademark Office:
(1) Entrust a nationally recognized trademark agency to handle it.
(2) The applicant shall submit the application to the Trademark Office on his own.
Processing steps:
Prepare the application documents → Submit the application documents to the International Registration Office of the Trademark Office → Pay the registration fee according to the provisions of the "Charge Notice" → Receive the international registration certificate.
Accepting agency:
International Registration Office of the Trademark Office of the State Administration for Industry and Commerce.
Application materials:
(1) Madrid trademark international registration application;
(2) Foreign language application: only designate pure contracting parties, choose MM1 Form; if the designated party does not include pure parties to the agreement, use the MM2 form; if the designated party includes pure party parties to the agreement, use the MM3 form;
(3) One copy of the applicant’s qualification certificate, Such as a copy of business license, ID card, etc.;
(4) A copy of the domestic "Trademark Registration Certificate" or a copy of the "Notice of Acceptance";
(5) If the basic registered or applied trademark has been changed, transferred or renewed in China, a copy of the approval certificate must be submitted together;
(6) If the applicant uses an English name, he must provide the Documents proving the English name;
(7) If a trademark agency is entrusted to handle the matter, a trademark agency power of attorney should also be submitted;
(8) If the United States is designated, the MM18 form must also be submitted. .
Payment of fees:
After receiving the completed application documents, the Trademark Office will register the date of receipt, assign an application number, calculate the fees required by the applicant, and submit the application to the applicant. The person or agent issues a "Charge Notice".
The applicant or agent should pay the relevant fees to the Trademark Office within 15 days from the date of receipt of the "Charge Notice". The Trademark Office will submit the application to the International Bureau only after receiving the full amount. If the applicant or agent fails to pay the fees within the due date, the Trademark Office will not accept the application and will notify the applicant in writing.
Receipt of the "International Registration Certificate"
The International Bureau of the World Intellectual Property Organization (WIPO) received a certificate that complies with the "Madrid Agreement on the International Registration of Trademarks and the Protocol thereto" and the Implementing Regulations After applying for international registration, it will be registered in the International Register, an "International Registration Certificate" will be issued to the trademark registration applicant and the trademark competent authority of each designated contracting party will be notified.
The "International Registration Certificate" is sent directly by the International Bureau to the International Registration Office of the Trademark Office, and then forwarded to the applicant or trademark agency by the International Office of the Trademark Office. It should be noted that the address filled in by the applicant must be clear (the mailing address can be added). If the applicant's address changes, the change should be made in time.
The validity period of international registration is ten years, calculated from the date of international registration. After the validity period expires, if you want to continue to use it, you should renew the registration.