Madrid trademark registration:

Trademark protection is regional, and registration of overseas trademarks is helpful for enterprises to develop overseas markets and create international brands, as well as an effective tool for enterprises to obtain legal protection in target countries and avoid trademark registration.Madrid trademark registration is an international trademark registration method based on the Madrid agreement on international trademark registration and the relevant protocol of the Madrid agreement on international trademark registration. It has the characteristics of low cost, time saving, labor saving and wide coverage, and is an important choice for investors to register overseas trademarks.

 

Basic registration principles:

Madrid trademark registration has basic registration requirements. The applicant must first file a domestic trademark application with the trademark office of the country to which it belongs, and then apply for Madrid international trademark registration on the basis of its domestic trademark application or domestic registered trademark.

 

To apply for the international registration of Madrid on the basis of a domestic registered trademark, member states of the protocol and/or the agreement may be designated;

 

To apply for Madrid international registration on the basis of the domestic trademark application case, only the member states of the protocol can be designated, not the member states of the agreement.

 

Membership list:

Click to see the Madrid trademark membership list

 

Validity and renewal of trademarks:

The Madrid trademark shall be valid for 10 years and shall be renewed for 10 years upon expiration

 

Trademark revocation:

A madrid-registered trademark extended to China shall be revoked if it has not been used for 3 consecutive years from the expiration of the time limit for rejection in China.

 

The period of three consecutive years for not using an international registered trademark that has been rejected or opposed shall be counted from the date on which the final decision on the approval of the registration of that trademark is published in the international trademark notice.

 

The application requirements

The applicant is a national or legal person of the member state

 

A domicile or place of business in a member's state

 

Characteristics of Madrid trademarks

The procedure is simple: trademark applicants need only submit one application to obtain trademark protection in multiple designated countries;

 

Low fee: no matter how many member states the applicant designates, it only needs to pay one basic registration fee. The more countries the applicant designates, the lower the average fee will be.

 

Short time: the applicant can obtain the international trademark registration certificate issued by the international bureau within about 6 months from the date of filing the application for registration.

 

Has limitations: registered trademark application for Madrid international registration, the trademark content based applications, such as trademark holder must be with domestic are exactly the same, or a registered trademark is also necessary for the specified goods or services to the same or shrink, but the same trademark, trademark holder in the basis of two different categories indicated above, can be merged into a class in Madrid international registration;

 

Language: the trademark application must be in English or French.

 

priority

According to the Paris convention, trademark applicants who file an application for the registration of a trademark with two Paris convention member states enjoy the right of priority within six months, and can use the date of the first application as the date of the second application.

 

Registration effectiveness

The registration effect of trademarks in Madrid is unstable. If the basic registration of the country of origin is revoked, rejected or declared invalid within 5 years after the application in Madrid, the whole Madrid application will also be invalid.

 

Only after five years can Madrid apply for basic registration independent of the country;

 

Within five years of applying in Madrid, anyone can achieve the goal of striking down the trademark rights of all member states in the international registration only by striking down the domestic basic registration of the applicant.

 

Register for the

18 to 24 months

 

Registration to retrieve

Through the Madrid system registered trademarks, only the Madrid system has been applied for the trademark, but not to the designated countries to inquire.

 

Information required for registration

The power of attorney

 

The application form

 

Applicant's identification information

 

Photocopy of trademark registration certificate or acceptance certificate of the country of affiliation

 

The samples of the trademarks

 

The registration process

Application for basic registration

 

International application

 

International bureau review

 

Designated state review

 

Review by designated and agreed states

 

Trademark rejected

Whether the trademark applied for can be approved for registration in the designated country shall be decided by each designated country in accordance with its own laws.If the designated state does not protect it, a declaration to the international bureau is required to reject it.If no notification of rejection is received within 12 months from the date of international registration or within 18 months from the state of protocol, the trademark is automatically protected in that state or the state of protocol.

 

Objection to reply

Where an opposition is filed against the applied trademark, the applicant may, within 30 days from the date of receipt of the notification from the international bureau, defend the trademark.The failure of the respondent to reply within the statutory time limit shall not affect the ruling on trademark opposition.

 

prompt

On October 1, 2004, the European Union as a whole joined the Madrid agreement.When registering Madrid trademark, the eu can be designated at the same time as the 28 member states of the eu.

 

The trademark transfer

The transfer of a trademark in Madrid shall be notified to the international bureau, which shall register it, notify other registration authorities and publish it in a publication.If the transfer is made within five years of the international registration, the international bureau shall also obtain the consent of the new owner's national registration authority.Where the transfer cannot be registered in the international register because the new owner's state objects to it or transfers it to a person not entitled to apply for international registration, the original owner's national registration authority shall have the right to ask the international bureau to revoke the trademark in its register.

 

Trademark license

To permit others to use madrid-registered trademarks extended to China, the relevant procedures shall be handled in accordance with the trademark law of China and its implementing regulations.

 

Logo change

The owner of the mark changes the Madrid mark, and if the change affects the international registration, the registration authority of the country of origin shall notify the international bureau.The international bureau registers the change in the international register and notifies the registration authorities of the contracting states.