The Madrid System for the International Registration of Marks consists of the Madrid Agreement concerning the International Registration of Marks (hereinafter referred to as the "Madrid Agreement") and the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (hereinafter referred to as the "Madrid Agreement") Madrid Protocol). The Madrid System for the International Registration of Trademarks provides trademark applicants with a low-cost, high-efficiency, and easy-to-operate application method. Applicants only need to submit an application in one language and pay a fee to one bureau (i.e., the International Bureau). Apply for trademark registration in multiple countries or regions. After the applicant applies for the international registration of a trademark, subsequent business related to the international registration of the trademark only needs to go through one procedure at the International Bureau and pay a fee to complete the registration. my country joined the Madrid Agreement and the Madrid Protocol in 1989 and 1995 respectively. Therefore, international registration of trademarks through the Madrid system in my country should follow the systems established by the above two international treaties.
Before the revision of the Trademark Law, the domestic normative document related to the international registration of trademarks was the State Administration for Industry and Commerce Order No. 7, namely the "Madrid International Registration Implementation Measures" 》. Since Order No. 7 is a normative document formulated by an agency directly under the State Council, its legal effect is low and its influence is limited, which is not conducive to giving full play to the advantages of international trademark registration through Madrid. At the same time, it cannot be directly applied when the court hears cases. Both international trademark registration practice and judicial practice require improving the effectiveness of domestic legal norms related to international trademark registration.
After the revision of the "Trademark Law", according to the provisions of Article 21, a special chapter for the international registration of trademarks was added to the "Regulations for the Implementation of the Trademark Law", which regulates the Madrid Trademark International The relevant content of registration has been stipulated, realizing the transformation of international law into domestic law, which not only facilitates the practice of trademark authorities and judicial departments, but also helps trademark rights holders protect their own rights, promotes the Madrid system of international trademark registration, and improves domestic trademark registration.The applicant’s awareness of international trademark registration is of great significance.
This chapter is based on the "Madrid Implementation Measures for International Registration", deletes some outdated provisions, and is based on the development trend of international treaties and the revised "Trademark Law" 》The clauses have been modified and improved, mainly including the following contents:
(1) The international registration of trademarks applicable to this chapter has been limited, and it is clear that the objects of adjustment are International registration of trademarks in which China is the country of origin, applications for territorial extension designating China, and other related applications.
(2) Clarify the qualifications of applicants for international trademark registration with China as the country of origin, the conditions and basic procedures for filing applications for international trademark registration and subsequent applications, mainly involving The issue is the application of international treaties.
(3) Provisions are made on the review procedures for territorial extension applications that designate China. If you want to protect a three-dimensional mark, color combination, or sound mark as a trademark, or request protection of a collective mark or certification mark, you should apply through a legally established trademark agency within 3 months from the date the mark is registered in the International Register of the International Bureau. Organization, submit relevant materials to the Trademark Office. If relevant materials are not submitted within the prescribed time limit, the Trademark Office will reject the application for territorial extension.
(4) Provisions are made on the objection procedure for territorial extension applications designating China. Since the Trademark Office conducts an ex officio review of the application for territorial extension designating China and does not separately announce the review conclusion, the time for filing an objection to an internationally registered trademark is also different from the provisions of Article 33 of the revised Trademark Law. For an application for territorial extension designating China, within 3 months from the first day of the month following the publication of the World Intellectual Property Organization's "International Trademark Announcement", the opponent who meets the conditions specified in Article 33 of the "Trademark Law" may apply to the Trademark Office Raise objections.
(5) Provisions are made on the follow-up procedures related to the application for territorial extension designated by China, including renewal, transfer and deletion, mainly involving domestic laws and The connection between international treaties. The validity period of an internationally registered trademark protected in China is calculated from the date of international registration or a later designated date. Before the expiration of the validity period, the registrant can apply to the International Bureau for renewal. If the registrant does not apply for renewal within the validity period, he or she may be given a 6-month suspension. Extension period. When transferring an internationally registered trademark, the transferee should comply with the provisions of international treaties. At the same time, according to the provisions of the Trademark Law, the transferor should also transfer its identical or similar trademarks on the same or similar goods or services. The regulations on deletion applications mainly involve the requirements that the scope of goods or services after deletion should comply with.
(6) In view of the differences between the institutional design and specific provisions of the Madrid System on internationally registered trademarks and the Trademark Law, there are exclusions in the application of the Trademark Law and the Implementing Regulations of the Trademark Law for international registration of trademarks. Applications for territorial extension designated in China are not subject to the review period for domestic applications for registered trademarks, nor are goods division regulations applicable. The provisions of the Trademark Law on the time limit for opposition hearings do not apply to the Trademark Office’s review of opposed international registered trademarks. The stipulation that when a trademark registrant changes the name or address of the registrant, all registered trademarks must be changed together, and the stipulation that trademark transfer must be applied for and completed by the transferor and the transferee jointly, do not apply to changes and transfers of international trademark registrations.
Source: Legal Affairs Office
