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北美作业代写:Madrid international trademark registration system

2018-08-08 来源: 51due教员组 类别: Essay范文

下面为大家整理一篇优秀的essay代写范文- Madrid international trademark registration system,供大家参考学习,这篇论文讨论了马德里国际商标注册体系。在经济全球化的大环境下,商标的国际注册是商标权延伸保护的重大举措。马德里国际商标注册体系是国际社会为了缓和商标保护的地域性,通过其构建的商标国际注册平台,减弱其对国际经济发展的消极影响所做的重要举措。

Madrid system,马德里国际商标注册体系,essay代写,作业代写,代写

The Madrid system of international trademark registration is an important step taken by the international community to mitigate the regionality of trademark protection and weaken its negative impact on international economic development through its one-stop international trademark registration platform.

In the current economic globalization environment, the international registration of trademarks is an important measure to extend the protection of trademark rights. International registration is required because of the strict territoriality of the trademark right, that is, the registration of a trademark in a country is only protected by that country. If the trademark is to be protected by law in other countries, it must be subject to the laws of that country and apply for registration in its home country. The independence principle of trademark protection is fully embodied in the Paris convention on the protection of industrial property rights, thus forming the international protection of trademark rights.

The emergence of the international trademark registration system in Madrid is an inevitable historical development. Before the Madrid system, applicants for overseas trademark registration could only choose to register one by one and submit applications to national trademark offices. If there are a large number of countries that need to process applications, the workload will be enormous. Countries differ greatly in their languages, application procedures and trademark legal systems, and even in application procedures. In order to overcome these disadvantages, it is necessary to have a unified treatment organization, registration process and management mode, and cooperate with relevant laws, regulations and implementation rules to provide a convenient way for applicants from all countries to register their trademarks in foreign countries. Hence the Madrid agreement. On April 14, 1891, the Madrid agreement on the international registration of trademarks was introduced in Madrid, the first special agreement under the Paris convention on the protection of industrial property rights.

In order to attract more developed countries to join, after many consultations with the United States and Japan, the international bureau of WIPO finally adopted the protocol of Madrid agreement on international trademark registration at the Madrid conference in 1989. The protocol liberalizes the application conditions, allowing authorities in the designated country to reject the application for up to 18 months, at a separate fee, and the language can also be relaxed into French, English and Spanish. In addition, the protocol has reserved an interface for regional trademark registration organizations like the eu to join, laying a foundation for future expansion. On 1 April 1996, the protocol and the newly promulgated rules for the joint implementation of the Madrid agreement and its related protocols entered into force. The joint operation and joint implementation regulations of the two treaties provide a unified platform, process and language for trademark applicants to register overseas trademarks, enabling them to obtain trademark protection in the target country at the most favorable cost in the shortest possible time.

The legal framework of Madrid international trademark registration system is divided into two parts. The first is the international treaty to be implemented, which includes the basic principles and mechanisms of the Madrid system and the procedures and form requirements for international registration. Another important part is the two treaties of the Madrid system, which are related to the implementation of national trademark laws. In this system, the substantive requirements of the authorization are laid down by the local laws of each of the member states concerned when they participate in the application for the registration of trademarks in the Madrid system. In the Madrid system, through the conclusion of international treaties, all members form the "Madrid union", and all member states permit the implementation of the Madrid system on their territory. In addition, they also undertake to comply with the national trademark law and international treaties to provide uniform benefits for the registration of trademarks by their national authorities and assume the obligations required.

Qualification of applying for international trademark registration in Madrid. Not everyone can file international trademark registrations in Madrid. Any natural person or legal person who meets one of these conditions may apply and require the member states of the Madrid union to provide legal protection, if the requirements of the applicant in our country are determined in order. In addition, the protocol expands the scope of applicants to members of intergovernmental organizations implementing the regional trademark registration system.

Application for international trademark registration in Madrid. According to relevant regulations, the application for international trademark registration in Madrid must be filed by the original bureau, and the application cannot be submitted directly to the international bureau, and the application is valid in the original bureau. The original bureau was the trademark office of the member state of the Madrid agreement and its protocol, and the applicant was a non-national of its nationals or of the possession of domicile or truly effective industrial and commercial institutions in its territory.

Processing of international registration applications by the international bureau. Upon receipt of an application for an internationally registered trademark, the international bureau will determine the date of the international application and make a formal examination. This will lead to two outcomes: first, the application for international registration does not comply with the Madrid agreement and the common rules of the Madrid agreement and protocol, and the extension of registration and notification of the original bureau will require the applicant to complete the procedures; If the procedure is not completed within three months, the application is deemed to have been abandoned and the paid registration fee refunded. If the international bureau considers that the representations of certain goods or services used in the international registration application are inaccurate, it will propose amendments if necessary, and if the applicant does not amend within three months, the international bureau will refuse. Secondly, the international bureau will register the trademark immediately after the examination is correct. A trademark with an international registration number and an international registration date is registered in the international register and published in the international trademark notice. The decision is notified to the designated country, and the international registration certificate is then sent directly to the registrant and the bureau of origin is informed that the applicant has obtained international registration. However, the applicant has not obtained the actual rights when obtaining the international registration certificate, but only the potential rights. The key to the conversion depends on the results of the review required by law in the designated country.

Whether the designated country can grant registration. The trademark office of the designated country shall, within one year after receiving the notice of trademark registration from the international bureau, make a review in accordance with the domestic law and follow the same procedures directly applicable in the country. If the application is not rejected, the international registration of a trademark will automatically be regarded as the domestic registration of the designated country in question and will be protected by it. If the application is rejected, the applicant shall have the right to appoint an agent in accordance with the laws of the country for complaint or prosecution. In accordance with article 6, paragraph 5, of the Paris convention concerning the application of the principle of trademark rights, a member state is entitled to legally registered national trademarks and other member states cannot normally dismiss its application for registration. Therefore, if a member state rejects the international registration it has obtained within one year, unless otherwise provided: first, the registration of a trademark will conflict with the exclusive right to other registered trademarks established in the country; Second, lack of "identification" in the domestic market; Third, the trademark violates the country's public order good custom.

The legal effect of an internationally registered trademark. First of all, for the duration of protection. The new common rules of the Madrid agreement and protocol set the term of validity of international registration for 10 years and prohibit substantive review, which can be renewed indefinitely with the payment of renewal fees. However, an application shall be made within one year prior to the expiry of the expiry date. If the application exceeds the expiry date, an application for renewal must be made within half a year after the expiry date. The second is about independent effectiveness. According to the agreement, only if the original bureau has not revoked the trademark five years later, can the trademark be truly independent in designated countries.

Part of the process of achieving international registration. Trademark applicants can usually apply for trademark registration by submitting an application to the international bureau of WIPO, using a language and paying a fee once to all members of the Madrid system except the country of origin, thus simplifying the cumbersome application process.

Obvious cost advantages. Practice shows that this system is more favorable than applying for trademark registration in each country. The low cost is also reflected in many procedures after the application for international registration, such as change, transfer, renewal, cancellation and other procedures. Of course, if the applicant only applies to one or two countries through the system, the cost advantage won't be obvious. So the more countries apply, the greater the cost savings, and the greater the cost advantage of the Madrid system. Madrid system also has some limitations, mainly in the following aspects:

There is no uniform registration certificate. In each of the parties of the former belongs to the bureau to submit to the WIPO international bureau application for international registration of the international bureau will be in the form of the international registration certificate to the applicant after the review, but due to the international application has not been submitted to the parties ZhuGuanJu review, the "registration certificate" is not usually in the sense of registration certificate, actually equivalent to the international bureau of the "acceptance notice". Upon review by the competent authority, only a few parties, such as the United States and Japan, will issue registration certificates, and most parties will only issue "notification of approval for protection". Due to the different registration procedures and cycles in different countries, the time of service of the "approved protection notice" to the applicant is also different, so the trademark registration situation in each country cannot be timely and accurately known.

Systems are closed and difficult to transfer. The Madrid system welcomes each stakeholder with an open mind, but the system's inbuilt closure creates some inconvenience for applicants. The applicant cannot transfer the Madrid international registered trademark to the applicant outside the system. Companies sometimes have trouble handling trademarks. Only parties that have signed a common treaty may be bound by the same laws and fulfil the same obligations. The only way to solve the problem is to attract more franchisees and apply the Madrid system more widely.

The "central strike" clause is too harsh. That is, the agreement and the protocol are set out in article 6, but the negative impact of the provision on large overseas investment companies is far greater than the restrictions on speculators. The loss of the speculator's costs is just the cost of the trademark application, and the companies that do have a real need to open up international markets through the Madrid system will suffer badly as a result. After five years of international registration, companies will bear the uncertainty, and large companies are more concerned about operational security, just in case, so some are reluctant to choose the Madrid system.

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