What Is Madrid Trademark?
What is Madrid trademark?
Madrid trademark is a trademark registered under the Madrid Agreement on the international registration of trademarks (hereinafter referred to as the Madrid Agreement) or the protocol relating to the Madrid Agreement on the international registration of trademarks (hereinafter referred to as the Madrid Protocol), which is registered between the members of the Madrid alliance.
We usually refer to the international registration of trademarks, referring to the international registration of Madrid trademarks.
End
Two thousand and three
year
Ten
month
Twenty-three
The Madrid alliance has
Seventy-four
Member states (or parties), Madrid Agreement on the international registration of trademarks.
One thousand eight hundred and ninety-two
year
Four
month
Fourteen
The language used in the capital Madrid is: French, the existing agreement states are: Albania, Armenia, Austria, Azerbaijan, Bosnia and Herzegovina, Bulgaria, Belgium, Holland, Luxemburg, Belarus, Switzerland, China, Cuba, Czech Republic, Germany, Algeria, Egypt, Spain, France, Croatia, Hungary, Italy, Italy, Italy, Kyrgyzstan, Liechtenstein, Republic of Korea, Republic of China, former Republic of Macedonia, Republic of Korea, Portugal, Portugal, China, Hong Kong, China, San Marco, San Marco, San Marino, Japan, Portugal, Sierra Leone, day is signed in Spain.
One thousand nine hundred and eighty-nine
year
Six
month
Twenty-seven
day
In Madrid, Madrid also signed the protocol on Madrid's agreement on international registration of trademarks, which stipulates that applicants can choose to use English or French.
The parties to the pure protocol are Britain, Denmark, Finland, Norway, Sweden, Lithuania, Iceland, Georgia, Estonia, Turkey, Turkmenistan, Japan, Antigua and Barbuda, Greece, Singapore and Australia.
The "Benelux" is the abbreviation for the alliance of Belgium, Holland and Luxemburg. It is actually a member of the three "Madrid alliance". However, when the applicant designate the three countries to protect, it still treats one country and pays the relevant fees according to one country.
Two. Madrid's trademark advantage
It is simple, convenient and economical to apply for registration through the international bureaus of the world intellectual property organization to the Madrid Agreement and protocol member states.
The applicant may submit an application for a trademark, pay the fee according to the state number, and designate the trademark protection countries within the Madrid Agreement and the member states of the protocol.
Save money: the applicant pays the uniform fee calculated in Swiss francs, or according to the terms of the fee.
"
protocol
"
A separate fee is paid instead of a separate payment to each designated protected country.
On the other hand, according to
"
agreement
"
and
"
protocol
"
An applicant for international registration may apply directly to the Trademark Office of his country without an agent's application, thereby saving an agent fee.
From the point of view of amount, the international registration fee is much lower than the registration fee applied to each country separately, which generally includes the registration fee, agency fee and plation fee of the trademark.
Timesaving: from the date of filing an application for trademark international registration to the Trademark Office, the applicant can obtain a trademark registration certificate in three or four months if all procedures are in full and paid according to regulations.
according to
"
agreement
"
and
"
protocol
"
According to the regulations, the application of the trademark is within twelve months (agreement) or eighteen months from the date of registration of this international registration by the International Bureau, and the competent authority designated by the applicant to protect the country has the right to reject the extension application. That is to say, the applicant will be aware of whether his international registered trademark is protected in all the countries concerned within twelve months or eighteen months.
Save the matter: an applicant with international registration may apply directly to the trademark office without entrusting the agent at home and abroad. The applicant may appoint one or more countries in Chinese and one application to apply for trademark registration on one or more commodities and / or services.
Each member of Madrid has its own trademark system. Applicants wishing to be protected by the Madrid alliance can be protected through Madrid's international registration, or can be registered with Member States for registration.
Three, the shortcomings of Madrid's registration:
One
,
Limitations of registered countries:
The members of the Madrid league are biased towards European countries. Some countries closely related to China's trade, such as the United States, Canada and Southeast Asian countries, are not currently members.
Chinese enterprises can not obtain trademark registration in these countries through Madrid International Registration.
Two
,
Domestic application is required.
/
Registration as the basis:
International registration must apply for domestic trademark.
/
Registration is the foundation.
Under the Madrid Agreement, the application must be based on the domestic registration or preliminary application notice of the same trademark; under the Madrid Protocol, the application must be based on the national registration application of the same trademark, so there are certain restrictions on the time of application.
Three
,
Instability of registration effect:
Due to international registration, domestic application is required.
/
The registration is based on five years before it can be decoupled from the original country's registration. Therefore, once the registration of the original country is revoked within five years, the international registration will also be revoked.
"
Center strike principle
"
。
Four, Madrid trademark registration process chart
One
Trademark design
---2
Trademark inquiry
---3
Application for submission
---4
notice of action
---5
Examination
---6
Constitutional notice
---7
register
One
Trademark design
Hongkong Cong Trademark Office has a number of excellent designers from home and abroad to provide you with professional design services.
Two
Application for local registration
Through Madrid's international registration of trademarks, the applicant's trademark must be a trademark that has been registered in its original country (that is, the country), or a trademark that has received notice of acceptance.
Three
Application for submission
Letter of attorney for trademark agency
/
Application for International Registration
/
Application for international registration of foreign languages
/
Photocopy of domestic trademark registration certificate or copy of acceptance notice
/
Two trademark designs.
For color trademark, four color trademark plans are also required.
The date of application for international registration of trademarks shall be based on the date of receipt of the application form by the trademark office.
The application procedure is complete and the application number is filled out according to the regulations. The trademark office sends the application form (English or French) to the International Bureau within thirty days.
Four
International Bureau review
World Intellectual Property Organization (WIPO)
WIPO
After receiving the application for international registration, the International Bureau considered that the procedures were complete, and the categories and names of goods and services were filled out correctly, that is, they should be registered.
The Trademark Office will receive the notification from the International Bureau.
Fifteen
Within days, the applicant or agent will be informed of all the formalities. After examination is in conformity with the requirements of the International Bureau, the certificate of international registration of trademarks will be issued after the application has been submitted or is about to be submitted to the designated countries for examination.
Six
About a month or so.
The certificate of international trade mark registration is not a proof of the trademark being approved and registered. Its significance lies in that the international registration number and the international registration date are the basis for subsequent applicants to carry out a series of activities such as the later designation, alteration, pfer and renewal of the trademarks.
Five
Designated country review
Whether trademarks can be registered in the designated countries shall be subject to the examination of the designated countries.
Six
Review of agreement states and agreements
The protected countries designated in the application for international registration of trademarks will decide whether to protect them in accordance with their respective national laws and declare the rejection to the International Bureau.
The agreement stipulates that the time limit for dismissal is at most one year, that is, if the application for protection is not rejected within one year, the application is automatically protected. According to the protocol, member states may have the right to dismiss the time limit as required.
Eighteen
Months.
From the date of international registration, if
Twelve
No agreement was received within the month.
Eighteen
No notice of rejection was received within the month from the protocol state, which means that the trademark has been automatically protected in the country or the agreed country.