There are many friends who are engaged in foreign-related trademark registration, but how should this foreign-related trademark be registered? The editor has brought you relevant knowledge about "Madrid trademark", which may be what you need. of.
What is a Madrid trademark?
A Madrid trademark is one that is based on the Madrid Agreement on the International Registration of Marks (hereinafter referred to as the Madrid Agreement) or the Protocol Relating to the Madrid Agreement on the International Registration of Marks (hereinafter referred to as the Madrid Agreement). (referred to as the "Madrid Protocol"), a trademark registered among the member states of the Madrid Union. What we usually call international trademark registration refers to Madrid international trademark registration.
As of October 23, 2003, the Madrid Union*** has 74 member states (or contracting parties). The Madrid Agreement for the International Registration of Trademarks was signed in Madrid, the capital of Spain, on April 14, 1892. , the required language is French. On June 27, 1989, the "Protocol Relevant to the Madrid Agreement for the International Registration of Trademarks" was signed in Madrid, Spain, stipulating that applicants can choose to use English or French.
What materials are required to register an international trademark?
1. Application form. All countries require the application form to be filled in. Except for the United States, which stipulates that the application form must be filled in by the applicant himself, most other countries do not require it. The application form can be filled in by an agent. China also accepts this kind of application, because the regulations on commodity classification vary from country to country. , applicants often don’t know how to fill it out, so they have to entrust an agent to fill in the blank application form that has been signed in advance.
In addition, most countries stipulate that each trademark should be filled in one application form. There are also a few exceptions. As long as the trademark is the same, only one application form is allowed for several different categories of goods.
2. Letter of authorization. A power of attorney is an important document for a trademark applicant to entrust and authorize an agent to apply for trademark registration. Most countries require that a power of attorney be attached when applying for registration.
The procedures for applying for a power of attorney are also different. Generally speaking, developed countries have relatively loose requirements, such as the United States, France, Germany, Japan and other countries. They only require that the power of attorney be signed by the applicant. No additional steps are required. After notarization and certification procedures. Some countries require that the power of attorney must be notarized or authenticated. China stipulates that the power of attorney must be notarized, but if the other country does not require notarization or authentication, China will also handle it based on the principle of reciprocity.
3. Registration certificate of home country. Some countries, such as some countries under the Madrid Agreement and Arab countries in the Middle East, stipulate that when applying for trademark registration, you must submit the certificate of registration of the trademark in their own country. Some countries also require the Chinese registration authority to provide proof that the trademark is valid for 10 years for registration certificates issued before the promulgation of the Chinese Trademark Law that do not have a registration validity period.
4. Nationality certificate and enterprise registration certificate. A certificate of nationality is a document proving the applicant’s nationality. If the applicant is a corporate organization, it only needs to obtain proof from its home country that it is a company organized according to the laws of that country. Some countries stipulate that you can submit a business registration certificate, or replace the nationality certificate with an extract from the company or business registration.
5. Other documents. A few countries also require other documents to be attached, such as Switzerland requiring proof of business address; South Yemen requiring a declaration of trademark ownership, etc.
What are the disadvantages of international trademark registration in Madrid?
(1) Limitations of registration countries
The members of the Madrid Union focus on European countries, and some trade with my country Countries with close ties, such as the United States, Canada and Southeast Asian countries, are not yet members. Chinese companies cannot obtain trademark registrations in these countries through Madrid international registration.
(2) Requirement to be based on domestic application and registration
Madrid international registration must be based on domestic trademark application and registration. Under the Madrid Protocol, the application must be based on the domestic registration or preliminary application announcement of the same trademark; under the Madrid Protocol, the application must be based on the national registration application for the same trademark, so there is a certain time limit for the application. limit.
(3) The instability of the registration effect
Since the Madrid international registration requirements are based on domestic application and registration, it can only be decoupled from the registration in the country of origin after five years. Therefore, once the original registration The registration in the dependent country is revoked within five years, and the international registration will also be revoked within five years. This situation is also called the central strike principle.
Notes on registering international trademarks
1. Determine the list of product export countries, based on the list, product type and nature, and based on the strength of the enterprise, be focused, selective, and targeted to register.
2. Register the trademark in the exporting country before the product is exported to clear obstacles. For countries where application or registration is first, such as Japan, South Korea, Spain, Italy and other countries, the timing of registration should be grasped sooner rather than later. Otherwise, it will create opportunities for others to preemptively register. For countries with a first-to-use principle, such as the United States, the United Kingdom, Australia, Canada, Singapore, etc., export trademarks should be used and registered in the country's commerce as early as possible.
3. It is necessary to register not only the main products, but also the corresponding services provided for the main products. The advantage of this tactic is that it can effectively prevent overseas speculators from registering in disguise.
4. When registering overseas trademarks, you should grasp the timing of registration in a timely manner and make good use of priority. On the other hand, you should also fully understand relevant international or regional treaties, agreements or regulations, and be able to According to the actual situation of the company, we will make good use of these resources and handle overseas trademark registration in a timely manner.
Madrid Trademark Madrid Trademark Registration