madrid agreement concerning the international registration of marks, abbreviated as Madrid Agreement, is an international agreement on simplifying the registration procedures of trademarks in other countries. Signed in Madrid on April 14th, 1891, and came into force in July, 1892. The Madrid Agreement has been revised many times since it came into effect, and the madrid agreement concerning the international registration of marks Protocol signed in 1989 (hereinafter referred to as the Madrid Protocol) is called the Madrid system of international registration of trademarks. The total number of parties to the Madrid Agreement is 56 countries; The total number of parties to the Madrid Protocol is 66 countries.
China became a member of this agreement on October 4th, 1989. China joined the madrid agreement concerning the international registration of marks (revised in 1967 and revised in 1979) and made the following statement at the same time: "1. Regarding Article 3 bis: The protection obtained through international registration can only be extended to China when the trademark owner specifically applies; 2. With regard to Item 4, Paragraph 2 of Article 14: This Protocol is only applicable to trademarks registered after China's entry into force. However, in the past, it has obtained the same and still valid domestic registration in China, which can be recognized as an international trademark upon the request of the relevant parties, except in this case. "
The Madrid Agreement protects trademarks and service marks. The main contents include the application, effectiveness, renewal, and fees for international registration of trademarks.
the agreement stipulates that the procedure for international registration of trademarks is that nationals of the member countries of the agreement or non-member countries with real and effective business offices in the member countries first obtain trademark registration in their own countries or member countries with real or effective business offices, and then apply for international registration of trademarks to the International Bureau of the World Intellectual Property Organization in Geneva through the trademark authorities in that country.
if the application is approved, it will be announced by the international bureau and the relevant member States where the applicant requests protection will be notified. These member States can declare that they will not protect the trademark within one year, but they need to explain the reasons; The applicant may lodge a complaint with the competent authority or court of the country. Can Madrid trademark be used directly in China? Anyone who fails to file a declaration of rejection of registration with the International Bureau within one year may be deemed to have agreed to trademark registration. Trademarks registered by the International Bureau are valid for 2 years and can be renewed indefinitely. The agreement facilitates the nationals of its member countries to obtain trademark registration in other member countries of the agreement.
in addition, according to the agreement, if a trademark that has obtained international registration is revoked or declared invalid by the local trademark authority within five years from the date of obtaining international registration, the trademark registration in other member countries of the agreement will also be revoked. Only when the international trademark registration expires five years later, the registration of the trademark in other member countries of the agreement can be registered independently of their own countries.
The Madrid Agreement is a supplement to the Paris Convention for the Protection of Industrial Property on trademark registration. According to the agreement, you must join the Paris Convention for the Protection of Industrial Property before you can join the Madrid Agreement.
That's all about madrid agreement concerning the international registration of marks. What is it? If you have more trademark questions, please feel free to consult the Intellectual Property Department. We have 24-hour online customer service and professional intellectual property consultants to answer your questions. International registration of trademarks Madrid trademark registration