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Do I have to register a trademark that was applied for domestically before I can file an application for international registration of a Madrid trademark?
Release Time：
2009-11-13
Published：2009-11-13 15:53 Information source：State Administration for Industry and Commerce Trademark Office
Not necessarily. It depends on the different designated countries.
A trademark application for international registration, the designated country for protection is purely a member of the madrid agreement concerning the international registration of marks, the trademark must have been registered in the country before the application for international registration can be filed; when the designated country for protection is a member country of the relevant protocol to the madrid agreement concerning the international registration of marks, as long as the trademark or the trademark has already been accepted by the trademark office of the application for registration or has been registered trademarks, you can file an application for international registration. When the designated countries belong to both the "agreement" and the "protocol" member states, since september 1, 2008, as long as the trademark or the trademark has been accepted by the trademark office of the application for registration or has been registered, you can file an application for international registration. The application for international registration can be filed as long as the trademark has been accepted by the trademark office or registered.
Note:
Contracting parties to the "madrid" agreement and protocol:
Contracting parties to the madrid agreement are the countries that are parties to the madrid agreement;
Contracting parties to the protocol are states or intergovernmental organizations which are parties to the protocol;
Parties to the agreement only are states that are parties to the agreement but not to the protocol;
A party to a protocol only is a state or an intergovernmental organization that is a party to the protocol but not to the agreement.
Since september 1, 2008, the protocol has been applied to states in the madrid union that are parties to both the agreement and the protocol.
As of october 30, 2009, there are 5 parties to the agreement only: Algeria, kazakhstan, liberia, sudan and tajikistan. There are 29 parties to the protocol only: United kingdom, denmark, finland, norway, sweden, iceland, lithuania, georgia, estonia, turkey, turkmenistan, japan, antigua and barbuda, greece, singapore, australia, zambia, ireland, south korea, united states of america, netherlands antilles, european union, bahrain, botswana, oman, uzbekistan, madagascar, ghana, sao tome and principe.
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