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Trademark- Madrid

Summary

There are 101 contracting countries for Madrid Trademark System, and the contracting countries are made up of countries to Madrid Agreement and Madrid Protocol depending on which they join to (Madrid Protocol and Agreement applies if the home country joined to both Madrid Protocol and Agreement). The applicant must have a basic trademark application or trademark registration with IPO of member country (i.e. the office of origin) before filing Madrid trademark application. If Madrid Trademark is based on basic trademark application, the applicant can only designate members under Madrid Protocol (for designation of member under Madrid Agreement, the basic trademark must be registered).

56 Countries of Madrid Protocol and Agreement:
Albania, Armenia, Austria, Azerbaijan, Bosnia and Herzegovina, Belgium, Bulgaria, Bhutan, Belarus, Switzerland, China, Cuba, Cyprus, Czech Republic, Germany, Algeria, Egypt, Spain, France, Croatia, Hungary, Iran, Italy, Kenya, Kyrgyzstan, North Korea, Kazakhstan, Liechtenstein, Liberia, Lesotho, Luxembourg, Latvia, Morocco, Monaco, Moldova, Montenegro, Macedonia, Mongolia, Mozambique, Namibia, Netherlands, Poland, Portugal, Romania, Serbia, Russia, Sudan, Slovenia, Slovakia, Lion , San Marino, Syria, Swaziland, Tajikistan, Ukraine, Vietnam.

45 Countries of Madrid Protocol only:
Antigua and Barbuda, Australia, Bahrain, Brunei, Botswana, Colombia, Denmark, Estonia, EU, Finland, United Kingdom, Georgia, Ghana, Gambia, Greece, Ireland, Israel, India, Iceland, Japan, Cambodia, South Korea, Laos, Lithuania, Madagascar, Mexico, New Zealand, Norway, Oman, Philippines, Luanda, Sweden, Singapore, Sao Tome and Principle, Thailand, Turkmenistan, Tunisia, Turkey, United States, Uzbekistan, Zambia, Zimbabwe, African Intellectual Property Organization, Indonesia(OAPI), Afghanistan.

Remarks

The mark specimen, international class and designated goods or services shall be consistent with or within scope of basic trademark. Within 5 years from International Registration date, the Madrid Trademark is dependent on basic trademark in office of origin. If basic trademark is not effective within 5 years (non-renewal, being cancelled, invalidated or abandoned), Madrid trademark will be cancelled and ceased to have effect. The assignment and renewal of Madrid Trademark would be handled by WIPO with single proceeding, but response to provisional refusal, appeal or trademark infringement should be processed separately in each designated member country.

Application Procedure

  1. File basic trademark application in country of origin: The country of origin for Taiwanese applicant is China.
  2. File International Trademark Application: File Madrid Trademark Application through office in country of origin and designate member countries.
  3. Examination of application by WIPO: WIPO only conducts formality examination for Madrid trademark application and will issue registration certificate after it meets formality. WIPO will publish international trademark application on official gazette (registration certificate only means trademark application passes formality check in WIPO).
  4. Examination of application by Trademark Office in each designated member country: WIPO will notifies Trademark Office about international trademark application. The Trademark Office in each designated member country will examine application or publish it for opposition according to domestic law in each member country. It takes 12-18 months for Trademark Office in each designated member country to issue provisional refusal after examination if there is ground of objection.
  5. Protection taking effect in each designated member country: After Madrid Trademark is protected in member countries, the Trademark Office in most member countries will issue statement of protection. And statement of protection indicates the Madrid Trademark has been protected as effect of national trademark registration in that member country. Madrid Trademark is valid 10 years from international registration date and can be renewed to next 10 years.

Required Documents

  1. Information of applicant: Applicant’s name and address in Chinese and English (shall be consistent with particulars in basic trademark).
  2. Number of basic trademark in China
  3. Power of Attorney
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