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Registered TM of Madrid
Updated:2012-01-07 10:18:41 Browse:191
 In the international registration of trademarks, the most common way is to Madrid international registration and each countries. Registered in the choice of method, we first introduce some of these two methods and compared.


First, the "Agreement on International Registration of Marks in Delhi" and the "Madrid Agreement Concerning the International Registration of Marks Protocol"

"Madrid Agreement Concerning International Registration of Marks," April 14, 1892 signed in the Spanish capital of Madrid, entered into force in 1892, has been one hundred years of history, "agreement" require the use of language is French.

June 27, 1989, in Madrid, Spain signed the "Madrid Agreement Concerning the International Registration of Marks Protocol", specify the applicant's country contains at least one member of pure protocol can choose to use English or French.

Currently, there are already 80 countries and national organizations to join the Madrid International Trademark Registration System.

The main advantage of the Madrid registration:

1. Procedure is relatively simple (no agent in the case). 
If the international registration through the Madrid way, only by trademark applicants may submit an application to the competent Authority is designated in many countries to obtain trademark protection at the same time, relatively simple application procedures, compared with one by one national registration number to be cumbersome (one by one National Register are generally commissioned by some of the experience with foreign firms, so the applicant does not in terms of complexity).

(2) the relatively low cost (the smooth registration of the case). 
Madrid international trademark registration fee includes three parts: first is the basic registration fee; the second is the designated national fee; Third, the cost of its own Office; In addition, an agent for, and also need to pay agency fees. In an international registration application the applicant may specify one or more Member States have requested its application for trademark protection, whether a member or designated all of the specified member of the international trademark registration applicants only need to pay a registration fee basis, Therefore, specify a country of more and more cost-effective.

3. Relatively short time (relative to some countries). 
Submitted to the applicant from the International Registration of Marks Trademark Office from the date of application, generally six months or so to get World Intellectual Property Organization (WIPO) International Agency for the International Registration of Marks to prove its stated on the international trademark registration number and the international Registration Day. Of course, the international registration of marks that just shows that the International Bureau received the international registration. From the date of international registration, if the designated country within the prescribed time (according to the letter of agreement for 12 months, 18 months in accordance with the Protocol) to the International Bureau dismissed without notice, the trademark will be automatically protected in the designated country (if each national trade mark application, to obtain trademark rights ranging from the time required, such as France, Burma, Denmark, England for six months, one year in Israel and Hong Kong, China, India, for four years or so). 
Through the application of Madrid international trademark has its advantages, the case of successful applications can save time and money, more suitable for national application volume. Such an application is more suitable products available in Europe to protect the enterprise and small and medium enterprises with their own brand.

However, the Madrid registration system has serious flaws.

1. Not conducive to the expansion of protection. 
Trademark applications through the Madrid system must remain trademarks, trademarks designated goods is fully consistent with the country of origin, commodity options have significant limitations, is not conducive to brand protection, diversification of business in overseas development is also very unfavorable;

2. Certificate of no effect. 
Although trademark applications through the Madrid system will soon be announced and made official certificate, but this announcement and notice of acceptance certificate equivalent to the domestic, just to prove that the mark has been applied for through the Madrid system, whether you need by countries to protect the other countries to prove. Application for trademark registration through the Madrid, the applicant can not be issued by the designated national trademark registration, registration certificate if you need to get, you must specify the competent national authorities to apply, and this business is inevitable when the state agency required by the Organization for (companies tend to prove a result of the lack of effective and timely treatment abroad can not be infringement).

3. Power instability. 
Madrid apply for five years, and its basis in the country of origin registered as a trademark is revoked or declared invalid, or the basic application is rejected, the entire Madrid application invalid. Madrid Protocol, in particular through the application of international registration, have a greater potential risk.

4. Late tracking difficult. 
If the trademark has been designated countries to be rejected or require correction or objection, the International Bureau will only be notified, but also specific matters entrusted to firms when countries go through, and rejected the official reply, correction and objection to the respondent has a time limit, once the face of the the situation is not only a cost issue, are more likely to enter due to a firm could not find suitable reply when the official views of the country which led to the application invalid. In addition, the international registration into the renewal period, the International Bureau does not remind the obligation, the applicant does not timely registration renewal will result in failure of the entire Madrid.

5. Priority issues. 
According to the "Paris Convention", any member of the Paris Convention application for enterprises in the country of origin mark within six months after they apply for trademark registration in other countries can enjoy priority, and the Chinese Trademark Office just issued a "notice of acceptance" on the need 6 months or so, many large companies have been registered for fear of trademark registration Madrid rather than choice.

6. Can not be a valid query. 
Trademark applications through the Madrid system, only to be found in the Madrid system trademark has been applied for, but not for all designated States, query results can not achieve effective and comprehensive, so late applicants may be completely unaware of the risks, because the applicant for this reason that the alleged infringer's events have occurred.

7. Registration is limited.

Madrid system, although there are 80 member countries, but mainly concentrated in Europe, and the like, including Canada, the majority of American States, ASEAN (Singapore only joined the Madrid system) and not on that list.


Second, each individual country registered the world's existing sovereign state, independent legal system, regional and national organizations, a total of 200 or so, as long as that country or region relevant provisions of trademark registration can be taken one by one approach to trademark protection.

Each National Register of advantages:

1. Application flexibility. 
Most countries in the world do not need to register each of the country of origin registered foundation, what kind of business you want to apply for a trademark, you want to specify which goods or services more freely. Therefore, the company was able to do before the trade mark goods into overseas markets and to expand the brand protection.

(2) the risk is relatively small. 
Trademark registration by each country, generally in the country prior check, the applicant can know whether their trademark was registered in the country, what kind of trade mark application will result in the country will involve use of the mark infringement.

3 registration rights to facilitate each country are generally passed when the country's IP office or law firm, can be registered only after the success of the country's official certificate of registration issued encountered infringement exclusive right to a timely issue that, to avoid loss to expand. In addition, the firm will also be some attention to this mark, infringing or other malicious registration and other issues can arise outside the grounds to discover in a timely manner.

4. The relative stability of power which has applied for trademark in which the country will be subject to trademark-related laws, in addition to power serious violations of the trademark laws, the trademark will remain stable in the period. In addition, the registered trademark is about more than valid, the proxy firms generally will remind renewal, which is registered through the Madrid can not be achieved.

5. Register a wide range of world two hundred or so countries can be registered when the line one by one, in this small repeat. Compared to the application for trademark registration through the Madrid system, each state registration is more flexible, secure, and allow for more effective post-focus, more suitable for large enterprises or high demand on the rights of enterprises or the country of origin is not registered, the applicant has an urgent need to overseas companies to use trademarks.


Accordingly, each country has registered some disadvantages, mainly in:

1 higher cost registered in the case of bulk, the cost of registration through the Madrid system than through the lower half of each National Register (of course, to accept the service is not the same). Few countries to register, its notarization, authentication fees really high, such as the United Arab Emirates notarized certification program needs 8500 yuan, but most require notarization, certification of state the cost of no more than 1,000 yuan.

2 In some countries, more time-consuming. 
General registration through the Madrid system for no more than 18 months at most, one by one through the National Register will have more time-consuming, such as India take four years or so registered, the registration requirements three years in Brazil, the Philippines also needs to register approximately 3 years; but in some State to apply for registration within a year you can obtain registration certificate, such as Switzerland, Singapore, Germany, France and so on.


Third, the conclusion. 
In summary, the Madrid registration registered with each state has its own advantages and disadvantages of these two methods, the applicant should be on their own as well as comprehensive consideration of risk selection.

 

Remarks: 
(A) the fee table in the currency in U.S. dollars, such as exchange rate fluctuations no, I am executive USD: RMB = 1:7.2 
(B) the fee table of the cost normally reported by the submission date to obtain a registration certificate fees, inclusive of the official fees, agency fees. 
(C) the fee schedule is not included within the reported notarization, authentication, translation, courier and other necessary incidentals. 
(D) the company has endeavored to ensure the accuracy of this fee schedule, such as the future cost of the fee table and update the content, will promptly send a copy to your side. 
(E) of the applicant countries to be signed by the formatting power of attorney, the city in some countries be included signed certificate to prove true, and another part of the country to be notarized and then sent on embassies and consulates in the country to certify to prove the truth of notarized. 
(F) if required notarization, authentication, and I will be an offer

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