Madrid trademark application is apply under Madrid System. The Madrid system (officially the Madrid system for the international registration of marks) is the primary international system for facilitating the registration of trademarks in multiple jurisdictions around the world. 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.
To be entitled to use the Madrid System, you must first have a connection with one of its members (known as “Contracting Parties”). This connection will determine your Office of origin (national/regional intellectual property office). You must submit your international application through this Office of origin.
Madrid trademark application Requirements
To meet the entitlement requirement, you must:
- have a business (i.e., a real and effective industrial or commercial establishment) in a Contracting Party, or
- be domiciled in a Contracting Party, or
- be a national of a Contracting Party
For example, if you are a national of, or have a business in China, your connection will be with China (a member of the Madrid System) and you must file your international application through China’s Intellectual Property (IP) Office.
If you have a connection with several members (for example, you may be a national of Mexico living in the United States of America), you can choose any one of these members to file your international application.
Basic Madrid Trademark Application/ Registration (“Basic Mark”)
If you have the necessary connection to a Madrid System member (as outlined above), you must have either applied for or obtained a mark with the IP Office of that member (i.e., your Office of origin). A basic mark is required before can you file an international application for your mark through the same Office (your Office of origin).
If you have further queries, please contact Tannet
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