What is the difference between a Madrid international trademark registration and a country by countr

1. The national basic registration is different When a trademark applies for international registration, the country designated for protection is a member state of the "Agreement", the trademark must be a trademark that has been registered or has been preliminarily approved before the application for international registration can be filed, and when the country designated for protection is a pure "Protocol" member country, the trademark has either been accepted by the Trademark Office for registration application or has been registered trademark. 2. Different working languages The working language used in the "Agreement" is only "French"; The working language of the Protocol may be either "French" or "English". 3. Different payment of fees If the country designated for protection of the trademark for international registration is a member state of the Agreement, the application only needs to pay the uniform fee stipulated in the Madrid Decision; If the country of protection designated for the trademark is pure"Protocol"Member States, the application is subject to individual fees in accordance with national regulations in addition to the uniform fees provided for in the Madrid Agreement.

4. The time limit for refusal is different The examination period of the member countries of the Agreement is 12 months, that is to say, an internationally registered trademark has not received a notice of refusal for about 12 months from the date of recording the international registration by the International Bureau, and the trademark has generally been granted protection in the designated country, while the examination period of the member countries of the "Protocol" can be 12 months or 18 months. 5. The relationship between the national basic registration and the international registration of the trademark is different If the domestic registration of the trademark has been revoked or cancelled in whole or in part within five years from the date of international registration, the international registered trademark will not be protected in the designated country, that is, the international registration will be revoked at the same time, regardless of whether the international registration has been transferred; In the case of an internationally registered trademark designated for protection in a country that is purely a member state of the Protocol, if the domestic registration of the trademark has been cancelled or cancelled in whole or in part within five years from the date of international registration, the trademark owner may, within three months from the date of cancellation of the trademark, submit an application to the trademark office of the designated member country of the "Protocol" and pay a certain fee in accordance with the regulations of each member state to convert the international registration of the trademark into a national registration. If you look at this, it's very clear.

The Madrid System is a system for the international registration of marks, which is governed by two treaties: the Madrid Agreement Concerning the International Registration of Marks, signed in 1891, and the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, adopted in 1989. The latter was created to make the Madrid System more flexible and adaptable to the domestic legislation of certain countries that had not acceded to the Madrid Agreement.

In addition, the Madrid Protocol is open to members of inter-governmental organizations that have regional trademark registration systems. The two treaties operate in parallel and independently, but together with the Common Regulations, which entered into force in 1996. The objective of the treaties is to simplify the administrative procedures for trademark owners so that they can obtain trademark protection in the required countries in the shortest possible time and at the lowest cost.

That was what the Madrid System was all about. There are 104 Member States.

As we all know, compared with the registration of foreign countries alone, Madrid international trademark registration has the advantages of wide coverage, convenient and fast procedures, and relatively low costs. So what exactly is a Madrid international trademark registration? What are the precautions for trademark registration in Madrid?

Madrid International Trademark Registration is a trademark registration between the Member States of the Madrid Union in accordance with the provisions of the Madrid Agreement Concerning the International Registration of Marks (hereinafter referred to as the "Madrid Agreement") or the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (hereinafter referred to as the "Madrid Protocol").

Madrid International Trademark Registration is a trademark registration between the Member States of the Madrid Union in accordance with the provisions of the Madrid Agreement Concerning the International Registration of Marks (hereinafter referred to as the "Madrid Agreement") or the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (hereinafter referred to as the "Madrid Protocol"). Compared with the registration abroad alone, the Madrid international trademark registration has the advantages of wide coverage, convenient and fast procedures, and relatively low costs.

"Madrid Union" means the Special Union for the International Registration of Marks, which is composed of States or organizations to which the Madrid Agreement and the Madrid Protocol apply. As of August 2019, the Madrid Union had 105 Contracting Parties, covering 121 countries. China, the United States, Germany, France, the United Kingdom, Italy, Japan, South Korea, Russia, Australia, Switzerland and other major economies in the world are members of the Madrid Union.

The Madrid Agreement for International Registration of Trade Marks, or Madrid Agreement, is an international agreement that simplifies the registration of trademarks in other countries. Signed at Madrid on April 14, 1891, entered into force in July 1892. The Madrid Agreement has been amended several times since its entry into force, and the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (hereinafter referred to as the "Madrid Protocol") signed in 1989 is known as the Madrid System for the International Registration of Marks.

The total number of Contracting Parties to the Madrid Agreement is 56; The total number of Contracting Parties to the Madrid Protocol is 66. China became a member of the Agreement on 4 October 1989. China accedes to the Madrid Agreement Concerning the International Registration of Marks (Stockholm Act as amended in 1967 and amended in 1979) and makes the following declaration:

1. Regarding Article 3-BIS: Protection obtained through international registration can only be extended to China when it is specifically applied for by the trademark owner; 2. With regard to Paragraph 2, Item 4 of Article 14: This Protocol only applies to trademarks registered after China's accession takes effect.

However, this does not apply if a domestic trademark that has been previously registered in China that is identical to the aforesaid trademark and is still valid, and can be recognized as an international trademark upon the request of the relevant party.

Well-off answers for you:

Madrid International Trademark Registration refers to the registration of a trademark between the members of the Madrid Union in accordance with the provisions of the Madrid Agreement Concerning the International Registration of Marks or the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks.

Its biggest advantage is that it is possible to designate multiple contracting parties at the same time by filing a single trademark application, which is a wide coverage and relatively cost-effective.

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Madrid trademark registration: After the completion of the Madrid trademark registration, you can enjoy the exclusive right to use the trademark in the Contracting States of the Madrid Union; Trademark registration in each country requires the application for trademark registration in each country. Compare the two ways:

The cost of trademark registration in Madrid is lower than that of trademark registration in each country;

The time taken to register a Madrid trademark is shorter than that of a country-by-country trademark;

The Madrid trademark registration application is more convenient by submitting only one application for trademark registration.

Madrid International Trademark Registration.

It is a form of international trademark registration protection between all Madrid Contracting States, and its most important feature is that it can request registration in multiple Contracting States by filing only one application.

Madrid International Trademark Registration Process.

1. Submit. The International Division of the Trademark Office is in the process of filing.

2. Review. The International Division conducts a formalities examination.

3. Submission to the International Bureau.

After passing the formalities examination of the International Office, it shall be submitted to the International Bureau for formalities examination.

4. Issuance of certificates.

If the application for the international registration of the mark is complete, which takes about six months, the International Bureau can issue a certificate of the international registration of the mark (equivalent to a domestic notification of acceptance).

5. Designated country review.

The International Bureau transmits the application to the country where protection is designated, and each country examines it in accordance with the law of the country concerned.

6. Designate countries to grant protection.

Each country of protection in the country designated at the time of application for the international registration of a trademark will decide whether or not to grant protection in accordance with its own national law.

Benefits of Madrid Trademark Registration:

It has the following advantages:

1.Money-saving: The applicant pays a flat fee in Swiss francs or a separate fee under the Protocol, without having to assign protection to each country individually.

Families pay separately. In addition, according to the Agreement and the Protocol, the applicant for international registration can directly file an application for registration with the trademark office of the country without going through **, thereby saving a ** fee. In terms of amounts.

It can be seen that the international registration fee is much lower than the cost of applying for registration in each country separately, which generally includes the trademark registration fee, ** fee and translation fee in that country.

2.Time-saving: The applicant from the date of filing the application for international trademark registration with the Trademark Office, if the formalities are complete and the fee is paid in accordance with the regulations, generally.

It takes three or four months to get a business.

Standard registration certificate. In accordance with the provisions of the Agreement and the Protocol, the applicant designates the owner of the country of protection within twelve months (Agreement) or eighteen months (Protocol) from the date of recording of the international registration by the International Bureau.

The Authority has the right to reject this application for territorial extension, which means that the applicant will have a period of 12 or 18 months to know whether the internationally registered trademark is protected in the countries concerned.

3.Trouble-free: The applicant for international registration can apply directly to the Trademark Office, without entrusting domestic and foreign people to handle it; The applicant may designate one or more countries in Chinese and in one application to apply for the international registration of a trademark in one or more classes of goods and services.

Legal analysis: (1) Applicant qualifications: The applicant must have certain subject qualifications. The applicant shall have a real and effective place of business in China; or have a domicile within the territory of our country; or have the nationality of our country.

In addition, legal or natural persons in Taiwan Province can file an application for international registration through the Trademark Office. However, legal or natural persons in the Hong Kong and Macao Special Administrative Regions are not currently able to file an application for international registration through the Trademark Office. (2) Application conditions: The trademark applied for international registration may be a trademark that has been registered in China, or a trademark that has been registered in China and has been accepted.

3) Handling Channels 1Applicants submit their own online application2The applicant can go to the following places: (1) go to the trademark acceptance window set up by the local industrial and commercial and market supervision departments entrusted by the Trademark Office, (2) go to the Trademark Examination Cooperation Center set up by the Trademark Office outside Beijing, (3) go to the office of the Trademark Office in Zhongguancun National Sun Cong Independent Innovation Demonstration Zone, and (4) go to the registration hall of the Trademark Office or the International Registry Office of the Trademark Office.

Legal basis: Article 3 of the Madrid Agreement Concerning the International Registration of Marks, each application for international registration must be filed in the form prescribed in the Regulations; The registration authority of the country of origin of the mark shall certify that the specific particulars in such an application correspond to the specific particulars in the national register and indicate the date and number of the application and registration of the mark in the country of origin and the date on which the international registration was requested.

Madrid trademark registration is one of the types of international trademark registration, so if you want to expand into the international market, choosing Madrid trademark registration is a good way to use the trademark as long as it is a country that is a party to the Madrid Agreement. So, which countries are included in a Madrid trademark registration? Next, Intellectual Property will explain in detail which countries are included in Madrid trademark registration and the process of Madrid trademark registration.

1. Which countries are included in Madrid trademark registration?

The Madrid trademark registration system currently includes: China, United States, Albania, Armenia, Austria, Azerbaijan, Bosnia and Herzegovina, Bulgaria, Belgium, Netherlands, Luxembourg, Belarus, Switzerland, Cuba, Czech Republic, Germany, Algeria, Egypt, Spain, France, Croatia, Hungary, Italy, Kyrgyzstan, Democratic People's Republic of Korea, Kazakhstan, Liechtenstein, Liberia, Latvia, Morocco, Monaco, Republic of Moldova, the former Yugoslav Republic of Macedonia, Mongolia, Poland, Portugal, Romania, Russian Federation, Sudan, Slovenia, Slovakia, San Marino, Tajikistan, Ukraine, Uzbekistan, Viet Nam, Yugoslavia, Sierra Leone, Republic of Kenya, Eswatini, Mozambique, Lesotho, United Kingdom, Denmark, Finland, Norway, Sweden, Lithuania, Iceland, Georgia, Estonia, Turkey, Turkmenistan, Japan, Antigua and Barbuda, Greece, Singapore, Australia are 52 countries.

2. The process of trademark registration in Madrid.

First of all, go to a trademark registration company to consult and inquire about the trademark to determine which trademark can be registered;

Second, fill in the registration application, please prepare a copy of your business license and a copy of the trademark pattern for company registration, and a copy of your personal ID card and a copy of your trademark for personal registration! Select the category and sub-category of your product;

Third, issue a preliminary notice of acceptance and submit the information to the Trademark Office! The trademark can be officially used;

Fourth, about three months, the Trademark Office issues a formal acceptance letter;

fifth, nine months, three months for the preliminary examination announcement;

Sixth, if there is no objection or the objection is not established, the registration certificate shall be approved and the certificate shall be issued.

A total of 6 steps to complete the Madrid trademark registration process!

As long as an individual holds an ID card (the company must hold a copy of the business license), he can apply for a registered trademark, and the trademark application process takes about two years, and the registered period of use is ten years, and there is no need to pay other fees during the ten years.

Madrid Trademark Registration ProcessCan Madrid Trademark Be Used Directly in the CountryMadrid Trademark Registration.