Madrid Trademark Registration Classification Subtotal
Madrid Trademark Registration Classification Subtotal Service line86-755-82143371
Registration of Madrid Trademark refers to apply to World Intellectual Property Organization for a trademark. Madrid International Trademark Registration is usually called Madrid Trademark Registration Classification Subtotal Name for short. This abbreviation would be easily misunderstanding as a kind of trademark that it could protect country all over the world only with this trademark by people who are not really knew much about it .There are two ways for applicant to apply for the registration of trademark from abroad: First register in countries one by one, Namely, to apply for registration of the trademark authorities in various countries. The other way is to appy for a registration of Madrid trademark name due to Madrid Agreement Concerning the International Registration of Marks (hereinafter referred to as The Madrid Agreement) or Madrid Agreement Concerning the International Registration of Marks (hereinafter referred to as The Madrid Protocol ), trademark registration between the members of the Madrid Union. What we usually mentions about International Registration of Trademarks is Madrid International Registration of Trademarks.
The Madrid Union is a Special union of the international registration of trademarks for the application of the state or internal governmental organizations due to the Madrid Agreement and the Madrid Protocol. The Madrid Union has 94 contracting parties up to March 11th 2015.
Madrid Trademark Registration Classification Subtotal Madrid international trademark registration authority
Madrid Trademark Registration Classification Subtotal System (The Madrid System) was established in 1891 and it is applied to the Madrid Agreement and the Madrid Protocol. This System is managed by the World Intellectual Property Organization in Geneva, Switzerland.
Madrid Trademark Registration Classification Subtotal , how to handle the Madrid International Registration of Trademarks
Applicant qualification: Applicants must have a certain subject qualifications. The applicant shall provide a real and effective industrial or commercial establishment premises in the country of origin; or domiciled in the country of origin; has nationality of the country of origin. In addition, Taiwan Province of legal or natural persons may submit application for international registration by the Trademark Office. Hong Kong and Macao Special Administrative Region neither juridical nor natural person is still not legal to apply for the international registration through the Trademark Office.
Application conditions: must apply for trademark registration has started some trademark registration application process in our country. The applicant countries are designated for protection by the Parties pure "Madrid Agreement" international application for trademark registration of a trademark must be registered in our country has been obtained; designation of the applicant countries are parties to the pure "Madrid Protocol" or belong to "the Madrid Agreement "and" the Madrid Protocol "Parties to apply for trademark registration may be a trademark has been applied for registration in the country and is accepted, it can be a registered trademark.
Madrid Trademark Registration Classification Subtotal , there are two ways to apply through the Madrid international trademark registration and Trademark Office.
Commissioned nationally recognized trademark agency handled;
The applicant submits an application to the Trademark Office by their own.
Madrid Trademark Registration Classification Subtotal , the process of trademark registration
Prepare the registration form→ Submit the registration form →pay the registration fee due to the Pay note→Receive the International Registration certificate
Madrid Trademark Registration Classification Subtotal , the inquiry of the international trademark registration
It is very expensive to check the Madrid trademark through the organization in Madrid. We advice you to check the trademark by single country first. There are two ways payment for single country trademark inquiry: One is the name of the fee inquiry the other is an inquiry report is issued. If it is unable to make the application you are advised to change your trademark and apply to this country separately and the other country still get through the Madrid.
Madrid Trademark Registration Classification Subtotal , the time of the international trademark registration
The time of trademark registration is due to the application form that Trademark Office received. It would be about 12-18 months generally. Complete the application procedures and filled with the application for is in accordance, the scheduled application number, the Trademark Office within 30 days the application form (in English or French) send to the International Trademark Office;
Review of the International Trademark Office, After the World Intellectual Property Organization (WIPO) International Trademark Office received the international registration application form that the procedures in place, product and service categories and fill in the correct name, and that is to be registered; that the procedures are not in place, the registration will be suspended, and notice trademark Office. Trademark Office date of receipt of the notification by the International Trademark Office within 15 days notify the applicant or agent complete formalities; A review of compliance with the requirements of the International Trademark Office, and, after the application has been or is about to be submitted to the designated national review will be awarded the International Trademark proof of registration, time is usually six months or so.
The international trademark registration, trademark has been approved is not proof of registration; in the sense that the international registration number and date is the basis for subsequent applicant subsequent designation trademark change, transfer, renewal and a series of activities.
Designated country review
If the trademark of the international registration application could get the reward from the designated country is due to the designated country review.
State and national review of the Protocol Agreement
Trademark registration application for each designated international protection countries, will decide whether to be protected, and need to declare the refusal to the International Bureau in accordance with their national law. Letter of agreement stipulates a maximum time limit of one year dismissed the statement, that is, if specified in the application for protection was rejected within one year time limit, the application automatically protected (by the provisions of the Protocol, Member States may have the right to reject extend the time limit to 18 months). Starting from the date of the international registration, if not received the agreement within 12 months or not received the country or countries of the Protocol sent to the denial of trademark protection notice of dismissal within 18 months, it means that the mark has been agreed in the Agreement State or States automatically protected.
With the advantage of its procedures mechanism, the Madrid system offers a trademark owner to have his trademark protected in several countries of the Madrid Union by submit an international application for registration directly to their national or regional trademark office. An international mark registered is equivalent to an application for registration of the trademark applicant could directly register in each designated State or organization.
Madrid Trademark Registration Classification Subtotal , listing material of trademark registration
Madrid international trademark registration application form;
Application form in foreign language(MM sheet)
Applicant qualification, eg. A copy of business license or Identification card
A copy of domestic Trademark Registration Certificate or Notice of Acceptance
As the basis of a trademark registration or application in the country had changed, renewal or transfer of other follow-up services, submit a copy of the certificate of approval;
The applicant's name in English, you must provide proof of use of the English name;
If entrusts a trademark agency, it should also submit Power of Attorney;
Designated the United States, should submit to the MM18 form.
The electronic version of trademark standards, clear JPG file less than 200KB for the requirements, between pixels (black and white, such as application 400x400--1500x1500 provided between the black and white LOGO, color application needs to provide color and black LOGO).
The options of foreign language application
specify that only pure parties to the agreement ,select and use MM1 form;
Contracting Parties designated as parties to the agreement does not contain pure, select and use MM2 form;
Contracting Parties designated as parties to the agreement contains pure, select and use MM3 form
Madrid trademark registration name, trademark registration application forms to fill in
Fill in requirements of the application in Chinese
(A) Applicant Information
(1) Name of Applicant: require the same as the trademark registrant / the applicant. The applicant is a legal entity, should fill in the full name; if the applicant is a natural person, it should fill in the name. In addition, if a formal legal person name in English or French, it should be filled in Chinese together.
(2) Applicant Address: required of the holder of the trademark and foundation / applicant address match. In accordance with State, city, street, house number, zip code should fill in the order: China Beijing Jin Tai Road, No. 2, postal code: 100260.
(3) The applicant address: If the address of applicant is not the actual applicant addresses, fill in this increase.
(4) Receipt Language: here marked "×" in the box on the left marks the selected language.
If the applicant is a national designation of Member States "Madrid Agreement", which is available in a choice of three cases the applicant should select that applicant first to check whether they comply with the first case, if met, should be preferred the first, if not met, a second re-election, does not conform to the second, the third re-election. If three of these meet or comply with two types, you should choose one of the former. If the applicant designated national protection in Member States, "the Madrid Protocol", these three cases, as long as the applicant can choose one matching.
Madrid Trademark Registration Classification Subtotal , Basic application or registration
This refers to trademark applications and registrations in our country instead of the international trademark application and registration. Such as the applicant apply for one trademark on a number of applications or registration of the same trademark international registration, should be the basis of the respective application number, the date of application or registration number, date of registration fill out one by one.
Madrid Trademark Registration Classification Subtotal , registered trademark priority
If the applicant claims priority, shall indicate the date and the application number of the first application.
Madrid Trademark Registration Classification Subtotal , registered trademark OTHER MATTERS
(1) The requirement color protection: If the applicant claimed colors, to be specified;
(2) Stereoscopic marks: If the base mark is stereoscopic trademark, this must be selected;
(3) Sound marks: If basic mark is a sound mark, this must be selected;
(4) A collective or certification mark: If basic mark is a collective or certification mark, this must be selected;
(5) Trademark transliteration: here only to fill standard Pinyin trademark.
Madrid Trademark Registration Classification Subtotal , trademarks registered goods and / or services and their categories
1, goods and / or services and categories
This refers to fill in the goods and services, it should be mark registered fill in the order listed due to the International Classification of Goods and Services Category. Such as: the first class, ethanol, industrial alcohol; the fifth class, aspirin, baby food; the ninth class, audio, CRT; not to make in completing the ninth class in fifth class before, or the fifth row in the first class before. Be careful not to fill the goods or services exceed the scope of the basic application or registration of goods / services.
2, if the specific country for goods / services and categories defined, please indicate the specific designated Contracting Party and it has been applied in the protection of designated Contracting Parties and all categories of goods / services. Limited goods / services shall not exceed the scope of the designated goods item (1) goods/ service.
Madrid Trademark Registration Classification Subtotal , trademark designation of the Parties to the Madrid
The applicant mark "×" in the box to the left of the Parties if want to get protection, if the applicant countries designated for protection in Germany, France, and Italy, the applicant only mark "×" in the box on the left side of the three countries. If the applicant has received notification of acceptance of domestic, or you can specify both the Agreement Parties to the Protocol, pure Parities to the Protocol; such certificate has been registered in the country, you can specify all Parties.
Madrid Trademark Registration Classification Subtotal , trademark registration fees
Madrid Trademark Registration Classification Subtotal is usually consist of 5 parts, the first part is basic registration fee charged by the International Bureau, namely 653 Swiss francs (domestic trademark for the specified color, the basic registration fee charged 903 Swiss francs), which is an official fee to Madrid for handle trademark, then when you select the country you want to specify the extension, and then depending on the chosen country pay different fees, the second part and the third part of the fees charged for the supplementary registration fees, individual fees, supplementary registration fee is charged at 100 Swiss francs, the fourth part is the translation costs, the fifth part is our agency fees.
Madrid Trademark Registration Classification Subtotal , the advantages of the Madrid trademark
Apply for registration through the International Bureau of WIPO Members to the Madrid Agreement and Protocol, the procedure is simple and convenient, save money. To one trademark applicant may submit an application, pay fees according to the number of countries, within the scope of trademark protection specified Madrid Agreement and Protocol member countries.
1, Save money: the applicant to pay the unified fee calculated in Swiss francs, or under "Protocol" and then pay an individual fee, do no have pay separately one by one to each country designated for protection. From the amount of point of view, much lower than the international registration fees apply separately for registration fee to each country.
2, Save time: From the date of submission of an application for registration of international trademark with the Trademark Office, if the procedures all completed and the fee already paid, it usually takes three or four months to get trademark registration. And in accordance with the provisions of "the Protocol" and "the Agreement", the trademark registration application from the International Bureau since the date of the international registration within twelve months (agreement) or eighteen months (Protocol), the applicant countries designated protection authorities have the right to reject applications for territory, that the applicant time within twelve months or eighteen months or so, will be able to know if their international trademark registered in the State concerned are protected;
3, Simplify matters: Applicants with an application form available Chinese designate one or more national, international application for trademark registration in one or more of the goods and / or services category.
Madrid Trademark Registration Classification Subtotal , the disadvantage of Madrid registration trademark
1, Registered national limitations: Madrid emphasis on the European Union member countries, some of our close trade links with countries such as Canada and Southeast Asian countries are not Member States yet. Chinese enterprises can not obtain trademark registration in these countries through the Madrid international registration;
2, Base on domestic application / registration: the international registration must be base in domestic application/ registration. domestic application / registration. In "the Madrid Protocol" entry, the application must be the same trademark registered in the country or the initial publication of the application based on; under the heading "the Madrid Protocol", the applicant must apply for registration on the national same trade mark, so in time the application has some limit;
3 The instability of registered effectiveness: As the international registration requirement is based on the domestic application/registration, it can only disconnect to the country of original after five years. Once it was revoked within five years, the international registration would be revoked. This is called Central Striking Principle.
Madrid Trademark Registration Classification Subtotal , rejection of the process
During the Madrid trademark registration, some comments are usually given after the award issued by the country review, we can actively preparing materials for dismissed the review, in order to achieve success rate of trademark registration.
Madrid Trademark Registration Classification Subtotal , draw the International Registration Certificate
After the World Intellectual Property Organization (WIPO) International Bureau receives the International Application Registration in line with International Trademark under the Madrid Agreement and Protocol the Common Regulations, that were registered in the International Register, and the applicant for trademark registration issued by the International Registration Certificate and communicated to the designated Contracting Party Office.
International Registration Certificate by the International Bureau sent directly to the International Registry and Trademark Office, and then forwarded to the applicant or the trademark agency at the International Trademark Office. It should be noted that the applicant must fill in the address clear (to increase communication address), if the applicant's address has changed, the change should be promptly handled.
Madrid Trademark Registration Classification Subtotal , how the Madrid designates the United States, Japan, South Korea
Designated international registration United States, Japan, Korea, Singapore and other countries, the submissions received frequently in these countries or notice of provisional refusal, it cause some loose to the international registration of the applicant's time and expense. The reason for these problems is that, when these countries join the Madrid Union, on the "Madrid Agreement" or certain provisions of the "Protocol" made reservations or declarations, when some elements of the Madrid International application for registration review, based primarily on national laws and regulations.
Therefore, we specifically reminded applicants pay attention to the following when filling out the application form English:
1, the nature of a business field: the United States must complete the requirements, CORPORATION, UNINCORPORATED ASSOCIATION, JOINT VENTURE or the like PATERNERSHIP is acceptable.
2, trademark translation column: Singapore claim that Chinese trademark must translate Chinese characters one by one, whether the mark has meaning or not claim it; whether the United States trade mark has meaning or not make a clarification, does it mean that a geographical name, in the relevant product or service industry if there is special meaning.
3, commodity column: US demand to declare the goods must comply with its requirements of domestic Acceptable Goods and Services Manual (Acceptable Identification of Goods and Services Manual, http://tess2.uspto.gov/netahtml/tidm.html), Madrid international registration accepted "the Nice international classification" only as a reference. Japan, South Korea also has similar requirements. We recommend that the applicant designated the United States, Japan, South Korea and countries in completing the English form (MM2 or MM3), 10 (a) and 10 (b) would be the best to fill in together. 10 (b) is a column for a given country for the commodity in the limitation that the case does not exceed the range of goods, make deletion or refinement for goods. For example: The United States does not accept the "costume", but to accept the "clothing, namely, shirts, sweaters, coats, pants and sports jacket."
4, designed America,should fill in the form MM18.The column of signature is for personal signature.signatory’s name in pinyin should fill in the column of Signatory’s Name(Printed),signatory’s position should fill in the column of Signatory’s Title. Date of execution should follow the format dd/mm/yyyy.eg.18/04/2012.Fill in the column of INGORMATION REQUIRED BT THE INTERNATIONAL BUREAU.
Madrid Trademark Registration Classification Subtotal ,the validity period of international trademark registration
Ten years,calculated from the date of the international trademark registration, after expiration, if one wants to continue to use, should renew for registration.
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