Overview of the Madrid System and the legal framework for trademark protection under it
The Madrid System is an international trademark registration mechanism designed to facilitate trademark protection for member countries. The system mainly includes the Madrid Agreement and the Madrid Protocol. Since its signing in 1891, this series of treaties has been revised many times and has attracted the participation of more than 100 countries and regions.
Madrid Agreement and Madrid Protocol
The Madrid Agreement is the basic treaty for international trademark registration, which provides the basic framework for application, registration and protection. The agreement was originally signed in 1891 and has subsequently been revised many times, gradually improving its content. The Madrid Protocol signed in 1989 made the system more flexible and better connected with the domestic laws of countries that have not yet joined the Madrid Agreement.
Protection mechanism of international registration
Under the framework of the Madrid Agreement, once the international registration of a trademark is approved, it will enjoy the same legal effect as a domestic registration in all designated contracting parties. Importantly, the international registration is valid for 10 years and can be renewed as needed. Each member state has the right to reject based on its domestic law when examining an international registration, but if no rejection notice is issued within the applicable time limit, trademark protection will automatically take effect.
Rejection and Appeal Procedure for Trademark Protection
In the event of rejection, the relevant Contracting Party must notify the International Bureau of the reasons for the rejection within 12 months from the date of notification. If the parties choose to extend this period, the process can be completed in up to 18 months. Later procedures involving refusal should be handled directly by the competent authority of the relevant Contracting Party and the holder, while the International Bureau is only responsible for registering the content of the notification.
The linkage impact of additional protection forms and industries
In addition to trademark registration, the Madrid System has also expanded to other intellectual property areas, such as the Hague Agreement, which focuses on the international registration and protection of industrial designs. This agreement was formed in 1925 and provides a simpler application process than the Madrid System. Likewise, the Hague System provides the feasibility of obtaining design protection with minimal formalities between multiple participating countries.
Conclusion
As a comprehensive legal framework covering the international registration of trademarks and industrial designs, the Madrid System has established an intellectual property protection mechanism in the business environment. It can be seen that, whether it is trademarks or designs, all member countries are actively participating in and building a global trademark and design protection network to provide legal protection for international commercial activities.