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Do you know what documents need to be prepared for Madrid trademark international registration?

Publishing website: Release date: February 22, 2023 16:39:47

What materials should be submitted for Madrid trademark international registration?

Madrid international trademark registration refers to the trademark registration between the member countries of the Madrid Union in accordance with the Madrid Agreement on International Registration of Marks (hereinafter referred to as the Madrid Agreement) or the relevant protocol of the Madrid Agreement on International Registration of Marks (hereinafter referred to as the Madrid Protocol). Generally speaking, the international trademark registration refers to the Madrid international trademark registration. "Madrid Union" refers to the special union for the international registration of trademarks formed by the countries or intergovernmental organizations to which the Madrid Agreement and the Madrid Protocol apply.

1、 List of materials required for Madrid trademark international registration:

(1) Madrid trademark international registration application;

(2) Foreign language application (MM form);

(3) One copy of the applicant's qualification certificate, such as the copy of business license and ID card;

(4) A copy of the domestic Trademark Registration Certificate, or a copy of the Acceptance Notice;

(5) If the basic registration or applied trademark has been changed, transferred or renewed in China and other subsequent businesses, a copy of the approval certificate shall be submitted;

(6) If the applicant uses an English name, he/she must provide the supporting documents for using the English name;

(7) If a trademark agency is entrusted to handle the matter, the power of attorney for trademark agency shall also be submitted;

(8) If the United States is designated, submit Form MM18.

2、 Registration method:

There are two ways of international trademark registration, one is Madrid international registration application; The other is a single country registration application.

Compared with the two ways of international registration, Madrid international registration is cheap, and many countries can be designated at one time.

3、 Madrid trademark disadvantages:

Transfer restrictions: The transfer of trademark rights can only take effect in the contracting parties designated by the Madrid system. The transferee must be an individual or enterprise of a party to the Madrid system, or have a residence in that party, or have a business presence.

As for the Madrid trademark whose territory extends to the United States, since no evidence of use in the United States is required in the application process, once the trademark is successfully protected, once it is withdrawn by others based on three years of non use, the burden of proof will be reversed, increasing the burden on the trademark owner.

4、 Applicant qualification:

The applicant must have certain subject qualification. The applicant shall have a true and effective business place in China; Or has domicile in China; Or have Chinese nationality. In addition, legal persons or natural persons in Taiwan Province can apply for international registration through the Trademark Office. At present, legal persons or natural persons in Hong Kong and Macao Special Administrative Regions cannot apply for international registration through the Trademark Office.

5、 Process of registering foreign trademarks

Single country application for free trademark inquiry → confirmation of registration → preparation of application materials → submission of trademark registration application → delegation of acceptance notice → follow-up of the official process → no objection during the publicity period → issuance of trademark registration certificate Single country trademark registration procedures are similar to those in China, generally: after the application is submitted to the national trademark authorities, the official will accept it and arrange review after acceptance, After passing the examination, the trademark will be announced. If there is no objection or objection is not tenable during the announcement period, the trademark will be approved for registration and a registration certificate will be issued to complete the registration. Some countries will put the announcement procedure before the review, and some countries will put the licensing procedure before the announcement. No matter whether the country has completed the general procedure, as long as the trademark is finally approved for registration, it can be protected by the corresponding laws in the country.

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