Madrid
Foreign Application System (Madrid)
Foreign Application System (Madrid)
l Madrid System for the International Registration of Marks
l Preparing an Application in one language of English, French and Spanish languages and filing one application
The Madrid system has been operated by the Madrid Agreement and the Madrid Protocol, and administrative work for this has been conducted in International Bureau of the WIPO (World Intellectual Property Organization).
1)Basic Requirements
A mark targeted for an international application must be completely identical to a mark which is valid in Korea, and the scope of designated goods (service) must be identical to or within that of the mark which is valid in Korea.
2)Applicant
An applicant must be a citizen of the Republic of Korea or a foreigner that has an address in the Republic of Korea who has his or her own application for trademark registration or registered trademark. In a case where two or more persons jointly file an international application, all of them must meet the requirement.
3) Language of International Application
The language of an international application is determined by relevant Office of Origin among English, French or Spanish languages, and Korea selects the English language.
4) Duration of International Registration
International registration is effective for 10 years from the registration date, and it is possible to renew it every ten years. By filing one request for renewal with the International Bureau, namely, one single procedure step, registration for the renewal can be recorded in each designated country.
5) Examination by Designated Office
Unless each Designated Office which receives a Notice of designation sends a Notification of refusal of the protection of a mark within a certain period (one year or 18 months) to the International Bureau, each relevant Designated Office must protect the mark as being registered in the designated countries.
l Foreign Application System (Madrid) - Advantages
1) This system provides the opportunity to ensure the protection of marks in several countries by filing one international application with the Office of Origin.
2) Although procedures such as the renewal of duration, the assignment of ownership, a request for change of name and the like are performed in only the International Bureau, it is not needed to separately perform the procedures in each country, and it has been deemed satisfactory to perform them in each country designated by an applicant.
3) It is possible to additionally designate goods as well as any country which was not designated at the time of filing the original international application through the subsequent designation procedure within the scope of international registration even in the case of limiting and designating the goods (services) regarding a specific country.
l Foreign Application System (Madrid) - Dependency
1) A case in which a basic application (registration) is rejected, abandoned, invalidated or the like before the period of five years from the international registration date has expired (including a case in which the effect of international registration is entirely or partially cancelled due to the concentrated attack by a third party, and a case in which a basic applicant voluntarily conducts an amendment to reduce claims or the effect of international registration is entirely or partially cancelled due to the non-renewal of duration by a basic registrant)
2) International registration regarding all or part of designated goods (services) of an international application is cancelled, and as a result, the international registration also loses effect within the cancelled scope of the international registration in all the designated countries.
When a basic application (registration) which is pending or registered in the Office of Origin is cancelled within a certain period, international registration in the relevant International Register is cancelled. Thus, an international application which is being examined or is registered through examination in each designated country loses effect. Accordingly, if an interested person cancels a basic application (registration) of the Office of Origin by a concentrated attack, he or she may invalidate the mark registered in each designated country.