Madrid Trademark Registration

The Madrid Union is a special proposed union for international registration of trademarks set up by the countries or organisations under "Madrid Agreement for International Registration of Trademarks" and "Protocol Relating to the Madrid Agreement Concerning the International Registration of Trademarks".

Currently, the Madrid Union has 114 member states in total. A Madrid trademark is valid in all member states of Madrid Union.

The Right of Priority on Madrid Trademark Registration

An applicant may enjoy the right of priority if he/she has filed an application for trademark registration for the same goods or service with a state party to Paris Convention within six months before filing such application for trademark registration at first. (The application date of first application will be also considered as the application date of the second application.)

Advantages of Madrid Trademark

• Numerous member states: Madrid Union currently has 114 member states in total
• Simple procedure: Applicant may enjoy protection from various specified countries with only one application submitted using one language
• Low fees: An applicant is just required to pay a one-time initial registration fee regardless that he/she designates one or all member states to provide the trademark protection

Limitations

• Timeliness: An initial registration or application has first to be made in the country of origin before submitting the application to Madrid Union, which may cause a delay in time
• The contents of the trademark registration has to be the same as those under the initial registration
• Within five years of application under the Madrid System, the whole application may be void if the initial registration is revoked, rejected or invalid

Application Requirement

• An applicant must be a corporation or an individual of a member state and has residence or place of business in the member state.

Required Information and Documents

• Corporation Applicant: Business Registration Certificate / Certificate of Incorporation
• Individual Applicant: Identity documents proof
• Application form
• Trademark image
• Power of Attorney

Trademark Registration Flow

• Trademark Search
• Initial Application
• International Application
• Examination by International Bureau
• Examination by Specified Countries
• Examination by Specified Countries and Treaty Member States (If no refusal was raised after 12 months under the Madrid Agreement and 18 months under the Madrid Protocol, the application will deemed to be registered)

Preliminary Trademark Search

The Preliminary trademark search, while optional, to avoid legal complications in the future. The point of a trademark search is to ensure that the trademark is not already under application or registered by another entity in order to reduce the possibilities of the rejection or opposition raised.

Duration of Application

18-24 months

Validity Period

The registration is valid for 10 years.

Renewal

Renewal application for 10 years may be submitted 6 months before the expiry.

Note: As the European Union as a whole became a party of the Madrid Agreement on 1 October 2004, an applicant may designate the European Union for his/her initial registration when he/she files his/her application for registration of trademark under the Madrid System. The protection of a trademarks registered in the European Union under the Madrid System also covers those 27 member states of the European Union. Citizens of Hong Kong and Macao are not qualified to be applicants for the trademark registration and holders of registered trademarks under the Madrid System as neither Hong Kong nor Macao are parties to the Madrid System.

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