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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

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 Marks

  • Filing Basis under the Madrid System

  • Two Categories of Connections

  • Three Types of Connections

  • Three Types of International Applications



Two categories of connections
Two categories of connections Marks

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 Marks

Real and Effective Industrial or Commercial Establishment

Domicile

Nationality

=> Definition - Domestic Law


Three types of international applications
Three types of international applications Marks

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 exclusively by the Madrid

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 exclusively by the Madrid

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


MM2 Form exclusively by the Madrid

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


MM2 Form exclusively by the Madrid

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


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 the Madrid

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 the Madrid

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



First case the Madrid

A

AP

A

A

Montenegro

Algeria

Questions

A P APMM1 MM2 MM3English French SpanishYes No

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


Second case the Madrid

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


Third case the Madrid

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


Fourth case the Madrid

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 the Madrid

  • 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 the Madrid

  • 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 the Madrid

  • Basic fee*:

    • reproduction in B/W 653

    • reproduction in color903

  • Supplementary fee:

    • for each class exceeding three 100

  • Complementary fee:

    • for each designated CP w/o individual fee 100

      * 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 the Madrid

  • 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


Hvala the Madrid


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