The Madrid System international trademark registration is a simplified and facilitated international trademark registration method, managed by the International Trademark Office (WIPO). Through this system, applicants can submit trademark registration applications to multiple countries or regions in one application, simplifying the process and management of cross-border trademark registration. This article will introduce the important features and operational points of international trademark registration under the Madrid System.
1. Madrid Agreement and Related Agreements.
The Madrid System is based on the Madrid Agreement and related agreements, including the Madrid Agreement, the Madrid Protocol and trademark law rules. These agreements provide legal basis and operational rules for international trademark registration, ensuring the consistency and efficiency of international trademark registration.
2. Central Trademark Office (Office of Origin).
The Madrid System requires applicants to first apply for domestic trademark registration at the central trademark office of their country or region. The Central Trademark Office is responsible for reviewing and processing applicants’ domestic trademark registration applications, and submitting the applicant’s information and trademark materials to the International Trademark Office.
3. Examination by the International Trademark Office (Examination by WIPO).
The International Trademark Office examines the applicant’s trademark registration application, including evaluating the registrability, uniqueness and conformity of the trademark. The International Trademark Office is also responsible for processing the applicant’s payment and forwarding the applicant’s trademark information to the designated national or regional trademark office.
4. Examination by Designated Offices in designated countries or regions.
Based on the applicant’s choice, the International Trademark Office will forward the trademark information to the designated national or regional trademark office for review. The designated national or regional trademark office will review the registrability, conflict and compliance of the trademark and make a decision in accordance with their respective regulations and procedures.
5. Centralized Management and Maintenance.
The Madrid System allows applicants to centrally manage and maintain international trademarks after registration. Applicants can renew trademark registrations, change information, renew trademark rights, etc. to multiple countries or regions through a single procedure and payment.
6. Suspension and refusal (Provisional Refusal and Refusal).
According to the trademark laws of each country or region, the trademark office of the designated country or region may issue a notice of suspension or rejection. This means that the applicant will need to engage in further communication and resolution with the designated trademark office to resolve potential conflicts or non-compliance. Applicants should promptly respond to suspension or rejection notices and provide appropriate evidence or explanations to seek approval for trademark registration.
7. Fee Payment and Management.
International trademark registration under the Madrid System involves a series of fees, including application fees, renewal fees, change fees, etc. Applicants need to pay corresponding fees in accordance with the regulations of the International Trademark Office and each designated trademark office, and properly manage related payment matters.
8. Trademark registration protection period and maintenance (Registration Protection and Maintenance).
After successfully completing international trademark registration, the trademark enjoys a certain protection period. Applicants need to pay attention to the renewal and maintenance requirements for trademark registration, pay renewal fees in a timely manner, and comply with the regulations and procedures of various countries or regions to maintain effective protection of trademark rights and interests.
International trademark registration under the Madrid System provides enterprises with a convenient and efficient way to protect their trademark rights. By following the Madrid Agreement and related agreements, applicants can submit trademark registration applications to multiple countries or regions with one application. The review and management of the Central Trademark Office, the International Trademark Office and designated national or regional trademark offices, as well as centralized maintenance and management procedures, are important components of the Madrid System. Applicants need to pay attention to the requirements and procedures at each stage and handle issues such as suspension and rejection in a timely manner to ensure the smooth progress and effective protection of international trademark registration.