Tuesday, June 27, 2017

Advantages in filing Int’l Trademark Application under the Madrid System

Advantages in filing Int'l Trademark Application under the Madrid System

International Trademark Registration under Madrid System has advantages for both the trademark owners and Trademark Offices.

The principal advantages for trademark owners lies in the simplicity of the International Registration System and the financial savings when securing and maintaining the protection of their trademark abroad. The trademark owner needs to only file a single application in one language and pay fees in one currency to one office, and the trademark registration may be renewed every 10 years in a single transaction, recordal of change may be dealt with in a single transaction. It may allow businesses to remain competitive in the int'l market place without having to spend much time and money filing and following up separate trademark applications in different countries. The filing fees, translation expenses, renewal fees, recordal and changes, assignment and local legal fees, therefore, may be reduced. Besides, the holder of an Int'l registration does not have to wait indefinitely to find out if its trademark will be registered in the Contracting Parties it designated, but knows that if there is no refusal or notification of refusal within the applicable time limit (within 12 or 18 months), the mark will be automatically protected.

The trademark offices in Contracting Countries are also benefit from the Madrid system. For example, the NOIP does not need to examine for compliance with formal requirements, or classify the goods or services, or publish the trademarks. If a trademark satisfies all protection criteria, the trademark offices do not need to waste time to issue the Notification of acceptance for granting certificates and/or issue the National Certificate of trademark registration, if they like to do so. It can reduce the backlog of pending applications that the NOIP should face nowadays. Moreover, part of the fees collected by the WIPO's IB is transferred to the Contracting Parties in which protection is sought

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