1. How to apply for Madrid trademark international registration

1. Brief description

There are two ways for applicants to apply for registered trademarks abroad: one is one by one National registration, that is, applying for registration to the trademark authorities of each country; one is Madrid international trademark registration, which is based on the Madrid Agreement on the International Registration of Marks (hereinafter referred to as the “Madrid Agreement”) or the Protocol Relevant to the Madrid Agreement on the International Registration of Marks (hereinafter referred to as the “Madrid Agreement”). (referred to as the "Madrid Protocol"), trademark registrations between member states of the Madrid Union. What we usually call international trademark registration refers to Madrid international trademark registration.

"Madrid Union" refers to a special union for the international registration of trademarks composed of countries or intergovernmental organizations to which the "Madrid Agreement" and the "Madrid Protocol" apply.

As of December 8, 2008, the Madrid Union*** has 84 member states (or contracting parties). They are:

Countries

Time to join the Madrid Agreement

Time to join the Madrid Protocol

Country

Time to join the Madrid Protocol

Time to join the Madrid Protocol

Albania

1995.10.4

2003.7.30

Liberia

1995.12.25

Algeria

1972.7 .5

Liechtenstein

1933.7.14

1998.3.17

Antigua and Barbuda

2000.3.17

Lithuania

1997.11.15

Armenia

1991.12.25

2000.10.19

Luxembourg

1924.9.1

1998.4.1

Australia

2001.7.11

Monaco

1956.4.29

1996.9.27

Austria

1909.1.1

1999.4 .13

Mongolia

1985.4.21

2001.6.16

Azerbaijan

1995.12.25

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2007.4.15

Morocco

1917.7.30

1999.10.8

Bahrain

2005.12.5

Madagascar

2008.4.28

Belarus

1991.12.25

2002.1.18

Mozambique

1998.10.7

1998.10.7

Belgium

1892.7.15

1998.4.1

Netherlands

1893.3.1

1998.4.1

Bhutan

2000.8.4

2000.8.4

Norway

1996.3.29

Bosnia and Herzegovina

1992.3. 1

2009.1.27

Poland

1991.3.18

1997.3.4

Botswana

2006.12.5

Montenegro

2006.6.3

2006.6.3

Bulgaria

1985.8.1

2001.10.2

Portugal

1893.10.31

1997.3.20

China< /p>

1989.10.4

1995.12.1

South Korea

2003.4.10

Croatia

< p> 1991.10.8

2004.1.23

Moldo

Watts

1991.12.25

1997.12.1

Cuba

1989.12.6

1995.12.26 < /p>

Romania

1920.10.6

1998.7.28

Cyprus

2003.11.4

< p> 2003.11.4

Russia

1976.7.1

1997.6.10

Czech Republic

1993.1. 1

1996.9.25

San Marino

1960.9.25

2007.9.12

North Korea

1980.6.10

1996.10.3

Serbia

1992.4.27

1998.2.17

< p> Denmark

1996.2.13

Sierra Leone

1997.6.17

1999.12.28

Egypt< /p>

1952.7.1

Singapore

2000.10.31

Estonia

1998.11.18

< p> Slovakia

1993.1.1

1997.9.13

Finland

1996.4.1

Slovenia< /p>

1991.6.25

1998.3.12

France

1892.7.15

1997.11.7

Spain

1892.7.15

1995.12.1

Georgia

1998.8.20

Sudan

1984.5.16

Germany

1922.12.1

1996.3.20

Swaziland

1998.12.14

1998.12.14

Greece

2000.8.10

Sweden

1995.12.1

Ghana

2008.9.16

Syria

2004.8.5

2004.8 .5

Hungary

1909.1.1

1997.10.3

Switzerland

1892.7.15

p>

1997.5.1

Iceland

1997.4.15

Tajikistan

1991.12.25

< p>Iran

2003.12.25

2003.12.25

Macedonia

1991.9.8

2002.8. 30

Ireland

2001.10.19

Turkey

1999.1.1

Italy

< p> 1894.10.15

2000.4.17

Turkmenistan

1999.9.28

Japan

2000.3.14

Ukraine

1991.12.25

p>

2000.12.29

Kazakhstan

1991.12.25

United Kingdom

1995.12.1

< p>Kenya

1998.6.26

1998.6.26

United States

2003.11.2

Kyrgyzstan

1991.12.25

2004.6.17

Uzbekistan

2006.12.27

Latvia

1995.1.1

2000.1.5

Vietnam

1949.3.8

2006.7.11

< p>Lesotho

1999.2.12

1999.2.12

Zambia

2001.11.15

Namibia< /p>

2004.6.30

2004.6.30

Oman

2007.10.16

EU

< p> 2004.10.1

Sao Tome and Principe

2008.12.8

"Benelux" is a member of the Triple Alliance of Belgium, the Netherlands, and Luxembourg In short, there are actually three "Madrid Union" member states, but when the applicant designates these three countries for protection, it is still treated as one country and the relevant fees are paid as one country.

As of June 2008, there are seven pure parties to the Agreement: Algeria, Bosnia and Herzegovina, Egypt, Kazakhstan, Liberia, Sudan, and Tajikistan.

As of December 2008, there were 29 pure parties to the Protocol, namely: Antigua and Barbuda, Australia, Bahrain, Botswana, Denmark, Estonia, the European Union, Finland, Georgia, Greece, Iceland, Ireland, Japan, Lithuania, Madagascar, Norway, Oman, South Korea, Singapore, Sweden, Turkey, Turkmenistan, United Kingdom, United States, Uzbekistan, Zambia, Ghana, Netherlands Antilles, Sao Tome and Prine Sibby.

2. Processing channels

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 go directly to the Trademark Office to apply.

3. Processing steps

(1) If entrusting a trademark agency to handle the matter, the applicant can voluntarily choose any nationally recognized trademark agency to handle the matter. All trademark agencies registered with the Trademark Office are published in the "Agency" column.

(2) If the applicant goes directly to the Trademark Office, the applicant can follow the following 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"

IV. Preparation of application documents

1. Application documents to be submitted

(1) Fill out the application form for international registration in Chinese and stamp it with the official seal;

(2) Fill out the application form for international registration in foreign language with the official seal or signature;

(3) Domestic "Trademark Registration" A copy of the Certificate, or a copy of the "Notice of Acceptance";

(4) If the basic registered or applied trademark has undergone follow-up business such as change, transfer or renewal in China, the approval certificate must also be submitted Copies;

(5) Two copies of trademark images. If it is a color trademark, two color trademark drawings must be attached;

(6) If a trademark agency is entrusted to handle the matter, a trademark agency power of attorney should also be submitted;.

2. Specific requirements for filling in an application for international trademark registration

(1) The country of origin of the trademark applicant:

“The country of origin of the trademark applicant” means China. If the country designated by the applicant for protection is a member state of the "Madrid Agreement", the three situations available to the applicant in this item should be selected in order, that is, the applicant first evaluates whether it meets the first situation. If so, it should be the first choice. If the first one doesn't fit, then choose the second one. If the second one doesn't fit either, then choose the third one. If all three are consistent or two are consistent, the first one should be chosen. If the country designated by the applicant for protection is a member state of the “Madrid Protocol”, the applicant only needs to meet one of these three situations.

(2) Applicant name:

If the applicant is a legal person, the full name should be filled in; if the applicant is a natural person, the full name should be filled in. In addition, if the legal person has an official English or French name, it should be filled in together with the Chinese name and stamped with the applicant's seal (the legal person should stamp the enterprise or company seal).

(3) Applicant address:

Can be filled in according to the requirements in brackets, such as: No. 2 Jintai Road, Beijing, China, postal code: 100260.

(4) Agent name:

Applicants can fill in the form according to the actual situation; if applying directly, leave this column blank.

(5) Agent’s address:

Fill in the same method as the applicant’s address.

(6) Domestic trademark application and registration:

This refers to the trademark application and registration in my country, not the application and registration of internationally registered trademarks.

If the applicant files an application for international registration for the same trademark in different categories, the applicant should fill in the application date, application number or/and registration date and registration number of each category one by one in the order of categories. For example, the applicant applied for trademark registration in my country on February 14, 2001, with the application number 3239296, and the registration date was June 10, 2002, with the registration number 3239296.

(7) Priority:

If the applicant requests priority, the date and application number of the first application should be indicated.

(8) Trademark:

The applicant is required to paste the trademark pattern, and the size of the trademark should be as required in the application form.

(9) Request for color protection:

If the applicant requires color protection, it should indicate which colors and which parts of the color require protection.

(10) Trademark transliteration:

Just fill in the standard Chinese pinyin of the trademark here.

(11) Selection of language for receiving articles:

Here, put an “×” mark in the box to the left of the selected language.

(12) Goods and services:

This refers to the goods and services, which should be filled in according to the categories of goods and services listed in the "International Classification of Goods and Services for Trademark Registration" Fill in order. For example: Category 1, ethanol, industrial alcohol; Category 5, aspirin, baby food; Category 9, audio, picture tubes; when filling in, the ninth category should not be ranked before the fifth category, or the fifth category should be ranked Before the first category.

(13) Contracting parties designated for protection:

The applicant puts an “×” mark in the box to the left of the country that the applicant wants to protect, such as the country designated by the applicant for protection For Germany, France, and Italy, applicants only need to put an “×” in the boxes on the left side of these three countries.

(14) Payment method for this application:

Put an “×” mark in the box to the left of the selected payment method.

5. Payment of fees

After receiving the completed application documents, the Trademark Office will register the application date, assign the application number, calculate the fees required by the applicant, and submit the application to The applicant issues a "Charge Notice". After receiving the "Charge Notice", the applicant should pay the amount as soon as possible. The Trademark Office will submit the application to the International Bureau only after receiving sufficient remittance. If the Trademark Office has not received the remittance after two months, the application documents and other attachments will be returned to the applicant, and the application date and application number will no longer be retained.

When entrusting a trademark agency to handle the matter, the applicant shall pay an agency fee to the trademark agency in addition to a certain amount of international registration fees.

6. Obtaining the "Trademark Registration Certificate"

After the International Bureau receives an international registration application that complies with the "Madrid Agreement on the International Registration of Marks and its Protocol*** Implementing Rules", That is to say, it is registered in the International Register, and a "Trademark Registration Certificate" is issued to the trademark registration applicant. The "Trademark Registration Certificate" is sent directly to the International Registration Office of the Trademark Office, and the International Office of the Trademark Office forwards it to the applicant or trademark agency. 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.

7. How to handle various changes after registration

According to the "Madrid Agreement" and the "Madrid Protocol", international trademark registrants can handle the following related matters after registration:

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1. Apply for territorial extension to one or more countries for all or part of the goods and services, that is, subsequent designation.

2. Transfer or complete transfer of all or part of the goods and services or to all or part of the countries.

3. Cancellation of international registration.

4. Give up protection in the relevant country.

5. Delete goods and services.

6. Change the name, address, etc. of the registrant.

The procedures for handling these matters are basically the same as applying for international trademark registration, and corresponding fees should be paid in accordance with regulations.

8. Trademark Objection Application

According to the relevant provisions of my country’s Trademark Law, internationally registered trademarks that require extension to my country for protection shall be subject to publication in the International Trademark Announcement. Anyone can object to it within 3 months from the 1st of the following month. If the opposition applicant is a domestic corporate legal person or a natural person, the opposition application can be mailed directly or through a trademark agency or delivered to the International Registration Office of the Trademark Office. If the opposition applicant is a foreign enterprise or natural person, it must be handled through a trademark agency.

If an opposition is raised against an internationally registered trademark, the applicant may respond within 30 days from the date of receipt of the notice. If the opposition applicant is a domestic corporate legal person or a natural person, the opposition application can be mailed directly or through a trademark agency or delivered to the International Registration Office of the Trademark Office.

If the opposition applicant is a foreign enterprise or natural person, it must be handled through a trademark agency.

The Trademark Office will make a ruling based on the facts and reasons stated by both parties. If both parties to the objection are dissatisfied with the Trademark Office's objection ruling, they can submit an opposition review application to the Trademark Review and Adjudication Board within 15 days of receiving the notice of objection decision, and the Trademark Review and Adjudication Board will make a final decision.

9. Notes

1. Applicants must have certain subject qualifications. The applicant should have a real and effective industrial and commercial business office in my country; if not, he should have a residence in my country; if he does not have a residence, the applicant should have Chinese nationality. Nationals who are not members of the "Madrid Union" and have joint ventures or wholly-owned enterprises in my country can apply for international registration through the Trademark Office. 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.

2. Trademarks applying for international registration must have started certain trademark registration application procedures in my country. Since September 1, 2008, the country designated by the applicant for protection is purely a member of the "Madrid Agreement", and the trademark applying for international registration must have been registered in my country; the country designated by the applicant for protection is purely a member of the "Madrid Protocol" Member countries, or member countries that belong to the "Madrid Agreement" and the "Madrid Protocol", the trademark applying for international registration can be a trademark that has applied for registration in our country, or it can be a registered trademark.

3. The international registration application should be consistent with the content of the national basic registration or basic application. The name of the international registration applicant should be completely consistent with the name of the domestic applicant or registrant; the applicant's address should be completely consistent with the address of the domestic applicant or registrant; the trademark should be exactly the same as the domestically registered trademark, including the color; The reported goods and services should be the same as those registered domestically or not exceed the scope of goods and services applied for or registered domestically. If the domestic application or registration is for the same trademark in different goods or service categories, when applying for international registration, you can submit an international registration application and fill in the international registration application in the order of categories of goods or services reported domestically. On the book.

4. Those who meet certain conditions can claim priority. When applying for international registration, if the time interval between the applicant and the domestic application for trademark registration is less than six months, the applicant may request priority when applying for international registration, but a copy of the domestic "Notice of Acceptance" should be provided. .

5. Applications for international registration that are not accepted

Any application that does not comply with Article 6-1, 2, and 3 or any of the above, the Trademark Office will not accept the application for international registration of the trademark.

6. After the validity period of the international registration expires, if you want to continue to use it, you should renew the registration.

7. The download URL for the foreign language international registration application is: Download.

10. Foreign language forms can be downloaded from the International Bureau website:

www.wipo.int/madrid/en/forms/index.htm

Designated pure agreement National form MM1

MM2 for designated protocol countries

MM3 for designated pure agreement countries and protocol countries

MM18 must also be attached to designate the United States

If you designate the EU and have prior registration in an EU member state, you can choose to fill in MM17

Use MM4 for subsequent designation

Use MM5 for transfer

Use MM6 for deletion < /p>

Use MM7 to give up

Use MM8 to cancel

Use MM9 to change the registrant’s name and address

Use MM10 to change the agent’s name and address

< p> MM11 for renewal

MM12 for designated agent

11. The applicant (or agent) must sign or stamp the foreign language form.

12. Application forms in Chinese and foreign languages ??must be filled in by typing or printing. Handwritten trademark applications will not be accepted by the Trademark Office. The content of the application form in Chinese and foreign languages ??must be printed on one side, and cannot be printed on both sides.

3. Download book form

(Click the list below to download)

Madrid International Trademark Registration Form 1

Madrid International Trademark Registration Book type two

MM1

MM2

MM3

MM4

MM5

MM6

MM7

MM8

MM9

MM10

MM11

MM12< /p>

MM17

MM18

4. How to convert international registration into national registration application

(1) What is the conversion of international registration into national registration? Registration application?

According to the provisions of Article 9-5 of the Madrid Protocol and Article 22 of the Implementing Regulations of the Protocol, an application for converting an international registration into a national registration shall mean an application for five years from the date of the international registration. During the year, because the basic application or basic registration was fully or partially rejected, expired, abandoned, canceled or invalid, the Office of origin applied to the International Bureau to cancel all or part of the goods and services listed in the international registration. The applicant of the original international registration When an application for registration of the same trademark is submitted to the Office of a Contracting Party whose international registration was once valid, the application shall be filed on the date of its international registration or later designated date, and if the international registration once enjoyed priority, the application shall also shall enjoy the same right of priority, provided that:

1. This application is submitted within 3 months from the date of cancellation of the international registration;

2. The goods listed in the application and The services are actually included in the internationally registered goods and services;

3. The application complies with all provisions of applicable laws, including fees.

(2) How to convert international registration into national registration application?

1. The applicant should apply to the Trademark Office through an agency organization.

2. Applicants should use the Chinese format for domestic registration applications and declare specific product names and service items in accordance with the goods and services classification table.

3. When the applicant submits the application, the International Office should first review the date of international registration, priority date, date of revocation of international registration, and the scope of goods and/or services. If problems are found

the International Registration Office will contact the agency organization for corrections, and applications that are not corrected within the prescribed time limit will be returned.

4. After the review is correct, the International Registration Office will attach a separate form to the application, add the filing date or priority date determined after the application for converting the international registration to a national registration, and submit it to the applicant.

5. The applicant submits the application and forms to the Tongda Trademark Service Center Acceptance Department, which assigns the application date and application number. After that, the application enters the normal domestic review process.

6. If an international registration is converted into a national registration application, the application shall be based on one mark and one category, and a fee of 1,000 yuan shall be paid for each application.

5. Fee standards for designated countries that charge separate fees (exchange rate: subject to the day the document is received)

Click here to download

6. Regarding international registration designation Instructions for the United States, Japan, South Korea, Singapore and other countries

For international registration applications that specify the United States, Japan, South Korea, Singapore and other countries, we often receive examination opinions or provisional rejection notices from these countries, which are sent to our country The applicant’s international registration incurs certain losses in time and expense.

The reason for the above problems is that when these countries joined the Madrid Union, they made reservations or declarations on certain provisions of the Madrid Agreement or the Protocol and certain requirements for Madrid international registration applications. The review is mainly based on domestic laws and regulations.

Therefore, we specifically remind applicants to pay attention to the following when filling out the foreign language application form:

1. The column of the nature of the enterprise: it must be filled in according to the requirements of the United States, and the United States does not accept "limited company" ” (LIMITED COMPANY), but CORPORATION, UNINCORPORATED ASSOCIATION, JOINT VENTURE or PATERNERSHIP are acceptable.

2. Trademark free translation column: Singapore requires that Chinese trademarks must translate Chinese characters one by one, and the entire trademark must also indicate whether it has a meaning; the United States requires that the trademark have a meaning and whether it represents a geographical name. In the relevant Does it have special meaning in the product or service industry?

3. Product column: The United States requires that the declaration of goods must comply with the requirements of its domestic "Acceptable Identification of Goods and Services Manual, ahtml/tidm.html". The Nice International Classification commonly used in Madrid international registration is only for reference. Japan and South Korea also have similar requirements. We recommend that applicants from countries that specify the United States, Japan, and South Korea fill out 10 (a) and 10 (b) together when filling out the foreign language form MM2 or MM3. Column 10 (b) is for product restrictions in designated countries, that is, to delete or refine the product without exceeding the scope of the product. For example: The United States does not accept "clothing", but does accept "clothing, such as shirts, sweaters, windbreakers, pants, and sports coats."

4. When specifying the United States, the MM18 form must be filled out. In the MM18 form, the Chinese name should be signed in the Signature column, the pinyin of the signatory's name must be printed in the Signatory's Name (Printed) column, and the signatory's position must be printed in the Signatory's Title column. The date in the Date of execution (dd/mm/yyyy) column is filled in day/month/year. For example, March 15, 2005 should be filled in as 15/03/2005. INFORMATION REQUIRED BY THE INTERNATIONAL BUREAU must also be filled in.

7. Notice on the fees for the second phase of Madrid trademark international registration in Japan and Ghana

In the Madrid trademark international registration application, the separate fees for Japan and Ghana are charged in the form of application fees. The registration fee will be collected in two installments: if Japan or Ghana is designated in a new application or later designation, the applicant must pay the application fee first; after review and approval by the Japan Patent Office or the Ghana Industrial Property Office, the applicant will be notified to pay the registration fee. The applicant can pay the application fee to the International Bureau himself or transfer it through the China Trademark Office. According to the notice of the International Bureau, the registration fees for Japan and Ghana are paid directly by the applicant or agent to the International Bureau and are not transferred through the Trademark Office. (For specific fees, please refer to the charging standards of designated countries that charge separate fees)

1. Payment by check in Swiss francs;

2. Transfer to the International Bureau's account at Credit Suisse in Geneva, account number : 487080-81;

3. Transfer to the postal account of the International Bureau in Geneva, account number: 12-5000-8;

4. From a valid account opened at the International Bureau Transfer money.

When paying the fee, you must indicate that the amount is used for the Japanese or Ghanaian second-stage separate fee for the international registration of the mark (indicate the international registration number), and provide the number on the International Bureau's payment notice.

Applicants or agents should pay the fees promptly within the payment deadline in order to obtain registered trademark rights in Japan and Ghana.