The Madrid system for the International Registration of Marks
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The Madrid system for the International Registration of Marks Basic and General Principles when Filing an International Application. Podgorica June 6, 2011. Marie-Laure Douay Legal Division International Registries of Madrid and Lisbon. Entitlement to file under the Madrid System.

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The madrid system for the international registration of marks

The Madrid system for the International Registration of Marks

Basic and General Principles when Filing an International Application

Podgorica

June 6, 2011

Marie-Laure Douay

Legal Division

International Registries of Madrid and Lisbon


Entitlement to file under the madrid system

Entitlement to file under the Madrid System

  • Filing Basis under the Madrid System

  • Two Categories of Connections

  • Three Types of Connections

  • Three Types of International Applications


Filing basis under the madrid system

Filing Basis Under the Madrid System


Two categories of connections

Two categories of connections

Establishment

Domicile

Nationality

Applicant

Office of origin

Common Treaty

Contracting Party of Office of origin

Designated Contracting Party


Three types of connections

Three Types of Connections

Real and Effective Industrial or Commercial Establishment

Domicile

Nationality

=> Definition - Domestic Law


Three types of international applications

Three types of international applications

Application for international registration governed exclusively by the Madrid Agreement

Application for international registration governed exclusively by the Madrid Protocol

Application for international registration governed by both the Madrid Agreement and the Madrid Protocol


Application for international registration governed exclusively by the madrid agreement

Application for international registration governed exclusively by the Madrid Agreement

  • MM1 Form

  • Designations

  • CASCADE

  • Basic registration

  • English, French or Spanish

  • Supplementary/complementary fees


Mm1 form

MM1 Form

Application for international registration governed exclusively by the Madrid Agreement

Designated Contracting Party

Office of origin

AP

A

A

Algeria

Montenegro


Mm1 form1

MM1 Form

Application for international registration governed exclusively by the Madrid Agreement

Designated Contracting Parties

A

AP

Office of origin

A

Montenegro

A

A

AP

Algeria

France


Application for international registration governed exclusively by the madrid protocol

Application for international registration governed exclusively by the Madrid Protocol

  • MM2 Form

  • Designations

  • No Cascade

  • Basic application or registration

  • English, French or Spanish

  • Supplementary/complementary fees or individual fees


The madrid system for the international registration of marks

MM2 Form

Application for international registration governed exclusively by the Madrid Protocol

Designated Contracting Parties

P

P

Office of origin

P

Norway

P

P

Japan

P

Lithuania


Application for international registration governed exclusively by the madrid protocol1

Application for international registration governed exclusively by the Madrid Protocol

  • MM2 Form

  • Designations

  • No Cascade

  • Basic application or registration

  • English, French or Spanish

  • Supplementary/complementary fees

  • No individual fees*

  • Time limit for refusal = 12 months*

    *By virtue of article 9sexies(1)(b) of the Madrid Protocol


The madrid system for the international registration of marks

MM2 Form

Application for international registration governed exclusively by the Madrid Protocol

Designated Contracting Party

Office of origin

P*

AP

P

AP

Montenegro

Switzerland

* By virtue of Article 9sexies of the Madrid Protocol


The madrid system for the international registration of marks

Application for international registration governed by both the Madrid Agreement and the Madrid Protocol

  • MM3 Form

  • Designations

  • CASCADE

  • Basic registration

  • English, French or Spanish

  • Supplementary/complementary fees or individual fees


Mm3 form

MM3 Form

Application for international registration governed by both the Madrid Agreement and theMadrid Protocol

Designated Contracting Parties

A

A

Office of origin

P

Algeria

AP

AP

P

Montenegro

Finland

P*

AP

Spain

* By virtue of article 9sexies of the Madrid Protocol


Three types of international applications1

Three types of international applications

Application for international registration governed exclusively by the Madrid Agreement

– MM1 Form (English, French or Spanish)

– CASCADE

– basic registration

Application for international registration governed exclusively by the Madrid Protocol

– MM2 Form (English, French or Spanish)

– No cascade : free choice of Office of origin

– basic application or registration

Application for international registration governed by both the Madrid Agreement and the Madrid Protocol

– MM3 Form (English, French or Spanish)

– CASCADE

– basic registration


The madrid system for the international registration of marks

Some practical cases


The madrid system for the international registration of marks

First case

A

AP

A

A

Montenegro

Algeria

Questions

A P APMM1 MM2 MM3English French SpanishYes No

Applicable Treaty/Treaties :Form:Language:Basic application:


The madrid system for the international registration of marks

Second case

P*

AP

France

P*

P

AP

AP

Italy

P

Montenegro

P

Japan

Questions

Applicable Treaty/Treaties:Form:Language : Basic application:

A P APMM1 MM2 MM3 English French SpanishYes No


The madrid system for the international registration of marks

Third case

P*

AP

A

France

AP

AP

A

P

Algeria

Montenegro

P

Questions

Japan

Applicable Treaty/Treaties:Form:Language : Basic application:

A P APMM1 MM2 MM3 English French SpanishYes No


The madrid system for the international registration of marks

Fourth case

P

P

Sweden

P*

P

AP

AP

China

P

P

Montenegro

United Kingdom

The 3 designated Contracting Parties have opted for a refusal period of 18+ months and for individual fees.

Questions

Applicable Treaty/Treaties:Form:Language: Basic application:

A P APMM1 MM2 MM3 English French SpanishYes No

To which CP individual fees and 18+ months refusal period are not applicable?:

SE CN UK


Declarations

Declarations

  • Extension to 18 months of the refusal period – Article 5(2)(b) and (d) of the Madrid Protocol

  • Possible notification of refusals based on an opposition after the 18-month time limit – Article 5(2)(c) and (d) of the Madrid Protocol

  • Individual Fees – Article 8(7)(a) and (b) of the Madrid Protocol

    http://www.wipo.int/export/sites/www/madridgazette/en/remarks/declarations.html


Currency and mode of payment

Currency and mode of payment

  • Payment must be made in Swiss currency

  • Payment could be made by:

    • debit to a current account with WIPO

    • payment into the WIPO Swiss postal account or bank account (see forms)

    • credit card (e-payment or e-renewal)


Standard fees

Standard fees

  • Basic fee*:

    • reproduction in B/W653

    • reproduction in color903

  • Supplementary fee:

    • for each class exceeding three100

  • Complementary fee:

    • for each designated CP w/o individual fee100

      * Applicants from Least Developed Countries pay 10 per cent of the basic fee: Bhutan, Lesotho, Liberia, Madagascar, Mozambique, Sao Tome and Principe, Sierra Leone, Sudan and Zambia.


Individual fees

Individual fees

  • Optional

  • Supplementary and complementary fees are not

    applicable with respect to designations of concerned Contracting Party.

    http://www.wipo.int/export/sites/www/madridgazette/en/remarks/declarations.html


Questions

Questions ?


The madrid system for the international registration of marks

Hvala


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