"Madrid Trademark" is the short term / form of "Madrid International Trademark Registration". It is not a kind of "Trademark" category, nor is it that the case a registered trademark in Madrid, it is a thing that become effective all over the world or subject to national trademark protection.
Madrid Trademark is a way of registration of trademarks that registered in a country base on its registration but extends to all its members. It is based on the 14 April 1891 agreement signed in Madrid - "Madrid Agreement Concerning International Registration of Marks" and, the one passed and adopted on 1 December 1989 for effective, the "Relevant Protocol", these two treaties are about trademark registration. For those members who join these two treaties, they can base on all provisions under the treaty, its trademarks they registered can extend to all other member states.
1. Applicants who submit the Madrid Trademark:
It is not the case that everyone can submit Madrid Trademark, he or she must be a domestic enterprises, individuals and other organizations of a member country so that can it submit to the Madrid Trademark applications. As China joined the Madrid Agreement on 4 October 1989, therefore, enterprises which established in China, individuals and other organizations are eligible to submit Madrid Trademark. Enterprises or natural persons of Taiwan Province can submit Madrid Trademark through our country’s Trademark Office (s. 670500), but currently, for those in Hong Kong and Macau businesses, natural persons and other organizations cannot submit the application through our country’s Trademark Office(Hong Kong s.950,271) and (Macau, s1090389). Madrid Trademark applications are based on Germany, the UK-based European Union, the United Kingdom trade mark registration for extension (it is inconsistent with the criteria of "The member states that it have a real and effective business premises”).
2. Requirements for Madrid Trademark application:-
Domestic enterprises of country members which applying for trademarks is based on the country of origin that applied for or registered trademarks of the applicants. It means, it is not an individual case for a Madrid Trademark registration which submits separately, trademark registration procedures is an "extension" protection way.
3. Madrid Trademark - Applications and Review:-
After Madrid marks submitted to the Trademark Office, through the Trademark Office, it will be forwarded to the International Bureau, then reviewed by it. After the registration through instruction, it can be forwarded to the designated contracting parties, the parties received instruction will exam the extension over the registration trademark, the examination results will then through the International Bureau and return back, so the whole process composition is regarded as Madrid trademark applications and review procedures. Upon receiving a registration instructions, it may then be transmitted the same to the designated country which is responsible for until a final review is completed.
4. Madrid Trademarks - Advantages and Drawbacks:-
Madrid Trademarks are distinct with "saving time", "saving procedure" and "saving money", etc., in fact, it is not the case. The biggest advantages of Madrid Trademark registration are: the application for registration for many countries can "save money"; application for registration in an informal country can "save procedure". If you want to have an advanced protection of a trademark for "save time", the three advantages in certain cases is not advantages:
1. Sometimes it does not "save time": For certain member concerned, the handling time for each case is very fast, such as Britain, France, Germany, the EU. The fastest in each case are three months to six months. However, if it goes through the Madrid Trademark for application, the speed will be significantly slow down. This is because this mechanism is through the origin of the Madrid Trademark country (non-essential), the International Bureau Trademark Registration passes the instructions to the parties then, naturally it conveys this series of steps in front thereof and procedures will be equivalent in waving and time-consuming, especially in the form of review by the international phases encounter which is a waste of time!
Taking China as an example, if a trademark application is submitted to the Madrid Trademark Office, it requires two months for review by the domestic country and then, it will be forwarded to the State International Bureau, the International Bureau which takes 8-10 months for issuance of the "International Registration Certificate", thereafter, the permitted application will be extended to the designated country before re-negotiated in accordance with the provisions of the Madrid Agreement and in the following 12 months or 18 months for completion the review. Therefore, in this case, the time is rather slow.
Trademark protection scheme is not urgent. Currently the registration of trademark is in a reserve status in the domestic trademark started immediately after submitting Madrid Trademark. The program is indeed, to a certain extent, to save time and, in these countries, particularly those slow members for reviewing, because of the review period by the Treaty member of Madrid is limited, to a certain extent, it can "save time".
2. Sometimes, it does not "save":- Specified to the United States, South Korea, Japan, Singapore and other countries, it is often not the case because of the trademark examination system. Different degree of review systems resulted in issuance different comments, the applicant does not get the solution through the Madrid system decision and it will then be re-commissioned to the counsel of that local country for replying before successful. It is usually, at this stage, due to negligence and most of the applicants are resulted in losing their rights.
However, when facing those informal countries, the way through the Madrid trademark registration is indeed a very "save cost" methods, such as when handling "Liberia", "Oman" and other countries. When handling these Madrid Trademark, there is no need to apply for registration in each of the "Certified" material aspect, which create troubles and waste money.
3. Sometimes it does not "save money":- When you register for only do one or a few countries for the trademark registration, through Madrid Registration does not save money, especially when selecting for only the United States or the European Union such kind of country. In fact, a little difference with each while the handling costs is almost the same. But, in terms of time and procedures, it is much more convenient. However, the greatest advantage of the Madrid Trademark is that, when you apply for more countries, the cost is lower.
Advantages and disadvantages of the Madrid International Trademark Registration are very clear that, the applicant, according to their actual situation, needs for nation together, to consider how to choose the most optimal way for handling.
5. Madrid Trademark is valid:-
Once registered trademark of Madrid, it last for 10 years. Its renewal does not require the states to conduct but directly through the Madrid system for renewal, which is convenient and fast and it is one of the advantages of Madrid trademark.
6. Follow-ups after the Madrid Trademark Registration Procedure:-
Trademark registration involves the deletion, alteration, transfer, subsequent designations and other procedures that are completed through the Madrid system which greatly facilitates the maintenance of trademark applicants.