商标国际注册马德里体系

大爱无疆

简要介绍
申请须知
申请书
费用&计算器
注册指南
法律文件
国际商标公告
联网数据库
会议&讲座
联系方式

General Information
About Members
For Offices Only
Information Notices
Filing Information
Forms
Fees/Fee Calculator
Guide
Legal Texts
WIPO Gazette
Online Services
Statistics
FAQs
Meetings/Seminars
Contact

大爱无疆

标国际注册马德里体系




关于商标国际注册申请


申请商标国际注册时请注意， 国际局不受理商标所有人或其代理人向其直接提 交的申请。申请须经申请人原属局向国际局提出。请参阅《国家及地区工业产权局的通讯录》以及《申请须知》，《申请书》和《规费表》。


关于商标国际注册


您若需要了解某个国际申请或注册的情况，如您的商标是否在国际注册簿登记， 请使用《马德里快递》数据库。该数据库每日更新，含有所有有效的国际商标和近六个月来失效的国际商标。它还包括国际局已收到但还未注册的国际申请和后期指定。 有关马得里快递的电子通讯，要使用本表格并同时选择 《马德里快递》。


电子书店


欢迎可在WIPO电子书店定购出版物。某些出版物免费亦可在此阅读。



联系方式


世界知识产权组织国际局的通讯地址是：

Sector of Trademarks, Industrial Designs and Geographical Indications
World Intellectual Property Organization
34, chemin des Colombettes, P.O. Box 18,
1211 Geneva 20, Switzerland
Tel.: (41-22) 338 9111
Fax.: (41-22) 740 1429
电子通讯时要使用本表格 并同时选择 "国际商标和工业品外观设计".

大爱无疆

Part A: Introduction


Introduction  
The Guide
The Madrid System: Basic Features
Becoming Party to the Agreement or Protocol
Declarations and Modifications by Contracting Parties
Fee Reduction for Applicants from Least Developed Countries (LDCs)
Further Information about the Madrid System
Public Information about International Registrations
  

[PDF] (80 kB)

Part B: Procedure


Chapter I: General   
Introduction
Communications with the International Bureau
Payment of Fees to the International Bureau
Representation before the International Bureau
  

[PDF] (73 kB)

Chapter II: The International Procedure
Introduction
The International Application
The International Registration
Refusal of Protection
Subsequent Designation
Changes in the International Registration
Renewal of International Registration
Dependence and Independence
Facts in Contracting Parties Affecting International Registrations
Continuation of Effects of International Registrations in Certain Successor States
  

[PDF] (425 kB)

Part C: Annexes


Madrid Agreement Concerning the International Registration of Marks (Stockholm Act)
[PDF] (52 kB)

Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
[PDF] (51 kB)

Common Regulations under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement
[PDF] (234 kB)

Administrative Instructions under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement
[PDF] (25 kB)

Conditions for Opening, Using and Closing a Current Account at WIPO
[PDF] (23 kB)

大爱无疆

Guide to the International Registration of Marks under the Madrid Agreement and the Madrid Protocol

The 2009 edition of the Guide itself (without Part C) is available in a single Adobe PDF file (1.12 MB), as well as in smaller Adobe PDF files split up per topic:

The html and paper versions of the Guide will be available soon.

Previous versions:  2008 [PDF]

大爱无疆

120. A number of Contracting Parties have declared that, instead of the standard fee, they wish to receive what is called an individual fee.  The amount of this fee, also expressed in Swiss francs, will vary from Contracting Party to Contracting Party and the details of those amounts are available on the Madrid system website at the following address:  http://www.wipo.int/export/sites/www/madridgazette/en/remarks/ind_taxes.html.  
121. Part (a) of the Fee Calculation Sheet contains a box which should be checked when the applicant wishes that the amount of the fees be debited from a current account with the International Bureau.  In that case, the holder of the account, the account number, and the party giving instructions should also be indicated.  It is not necessary to indicate the amount to be debited.  This method of payment avoids the risk of a fees irregularity.  If the applicant wishes, nevertheless, to indicate the amount, he should then proceed to complete also part (b) of the Fee Calculation Sheet, showing how the total amount was arrived at.  
122. Apart from the possibility of debiting an account held by the International Bureau, part (c) of the Fee Calculation Sheet provides for a number of additional methods of making payment.  
123. In such case, it is imperative that the applicant also complete part (b) and indicate the total amount
arrived at.  

大爱无疆

Item 12:  Signature by the Applicant or his Representative
113. An applicant is not required to sign the international application form.  However, the Office of origin may require or permit the applicant to do so.  A signature may take the form of a seal, or may otherwise be handwritten, printed or stamped.  

Item 13:  Certification and Signature by the Office of Origin
114. The Office of origin must sign and date the international application form and must indicate the date
on which it received the request to present the application to the International Bureau.  The indication of the
date of receipt is important because, as a rule, this will or may become the date of the international
registration – provided that the international application is received by the International Bureau within the period of two months from its receipt by the Office of origin.  
115. Item 13 of the application form takes the format of a certification of certain elements by the Office of origin.  These elements should therefore be verified by the Office of origin, and are as follows:  
– the date of receipt by the Office of origin;  
– identity between the basic mark and the mark that is the subject of the international application;  
– correspondence between the applicant in the international application and the holder of the
basic mark;  
– that if it is asserted that the mark consists of a color, or combination of colors, as such (item 7(d) of the form), the same assertion has been made in respect of the basic mark;  
– that if the international application form contains an indication that the mark is three-dimensional, a sound mark, or a collective, certification or guarantee mark (item 9(d) of the form), the same indication appears with respect to the basic mark;  
– that if the international application form contains a description (item 9(e) of the form) the same description appears in the basic mark;  
– that if color has been claimed as a distinctive feature of the basic mark, the same claim is included in the international application form (item 8 of the form);  
– that if color has not been claimed in the basic mark and the applicant wishes to include such claim in the international application, the basic mark is in fact in the color or colors in question;  
– that the goods and services indicated in the international application form (item 10 of the form) are covered by the goods and services in the basic mark.  

Fee Calculation Sheet
116. It only remains then to complete the Fee Calculation Sheet on page 7 of the international application form.  
117. It is recommended that the applicant use the electronic Fee Calculator, which is available on the Madrid system website at the following address:  http://www.wipo.int/madrid/en/fees/calculator.jsp.  
118. The fees will always include what is known as the basic fee, which consists of either 653 Swiss francs for a mark in black and white, or 903 Swiss francs for a mark in color.  This fee is for payment to the International Bureau.  For applicants from Least Developed Countries there is a 90% reduction of this fee.  For the list of those countries in question, applicants may refer to the official list maintained by the United Nations at the following address:  www.wipo.int/ldcs/en/country.  
119. In addition, the applicant will pay a standard fee of 100 Swiss francs for each designated Contracting Party (this is known as the complementary fee) and a further 100 Swiss francs for each class of goods and services after the first three (this is the supplementary fee).  

大爱无疆

105. Under the Community Trademark system, the holder of a mark which has already been registered in a Member State of the European Union and who later applies for the registration of an identical mark as a Community Trademark, may claim what is called the seniority of that earlier mark in respect of the member State concerned.  The effect of such a claim is that where the holder of the Community Trademark subsequently surrenders the earlier mark, or allows it to lapse, he is deemed to continue to have the same rights, in the member State concerned, as he would have had if the earlier mark had continued to be registered.  
106. If an applicant wishes to claim seniority, he must file a separate official form, which is MM17, and this must be annexed to the international application form.  Seniority claims on form MM17 received by the International Bureau after the receipt of the international application will be disregarded.  

Designation of the United States of America
107. Footnote 3 of item 11 of the international application form is concerned with designations of the United States of America.  
108. When the United States has been designated in an international application, the applicant is required by that Contracting Party to file also a declaration of intention to use the mark.  A form (MM18) has been provided for this purpose and the declaration must follow exactly the wording of that form.  The declaration is required to be in English, regardless of the language in which the international application is filed.  Form MM18 should be annexed to the international application form.  
109. If the United States of America has been designated in an international application and form MM18 has not been annexed to the international application form, this will constitute an irregularity, of which the applicant and the Office of origin will be informed by the International Bureau.  
NOTE:  the International Bureau has made available for users of the Madrid system two information notices concerning designations of the United States of America.  
The first, entitled Indications of Goods and Services:  United States of America (Information
Notice No. 24/2003) may be found on the Madrid system website at the following address:  http://www.wipo.int/edocs/madrdocs/en/2003/madrid_2003_24.doc.  
The second, entitled Tips for Holders of International Registrations Seeking Extension of Protection to the United States of America:  Avoiding Provisional Refusals (Information Notice No. 4/2009) is available at the following address:  http://www.wipo.int/edocs/madrdocs/en/2009/madrid_2009_4.doc.  

Designations of Ireland, Singapore and the United Kingdom
110. Ireland, Singapore and the United Kingdom also, in principle, require a declaration of intention to use the mark.  However, it is not necessary to annex to the international application form a separate declaration for that purpose.  As is made clear in footnote 2 of item 11 of the application form, the mere fact of designating any of those Contracting Parties is taken, per se, as comprising the required declaration of intention to use.  

Designations of Cuba, Ghana and Japan
111. A fourth footnote to item 11 of the international application form is concerned with the three Contracting Parties, Cuba, Ghana and Japan.  Each of these Contracting Parties, which all charge individual fees, has made a declaration to the effect that the individual fee is payable in two parts.  Upon the designation of any of these Contracting Parties, only the first part of the individual fee will be payable at the filing stage and the remainder of the fee will be required to be paid only if the Office concerned is satisfied that the mark qualifies for protection.  The Office will notify accordingly.  
112. An applicant who takes advantage of the electronic fee calculator will be informed by the calculator
that the fees indicated in respect of those three Contracting Parties consist only of the first part.  
The electronic fee calculator may be found at the following address on the Madrid system website:  http://www.wipo.int/madrid/en/fees/calculator.jsp.  

大爱无疆

95. NOTE:  when seeking a limitation which intends to exclude an entire class or certain indications from within a class, it is imperative that the applicant indicate with clarity and precision the goods and services that are affected by the limitation, in the sense that the International Bureau should be in a position to ascertain exactly the goods and/or services that are intended to be protected and the goods and/or services that are intended to be excluded.  

Example 3
96. A third type of limitation is also possible.  To take an example, assume that the applicant intends to apply for the protection of his mark in respect of “Clothing” in Class 25, and designates ten Contracting Parties, including, for example, the United States of America.  
97. Users of the Madrid system will be aware that the Office of the United States of America has particular requirements in terms of the precision with which goods and services are indicated and that Office will not accept an indication such as “Clothing”.  The Office will therefore notify a provisional refusal and will require that the items of clothing be indicated more particularly.  
98. However, the applicant may wish to preserve the possibility of obtaining the widest possible coverage of goods in those other Contracting Parties where an indication such as “Clothing” is acceptable.  In order to achieve this end, the applicant may simply limit the goods with respect to the designation of the United States of America by restricting or narrowing the indication in question, in the following manner:  
In respect of the designation of the United States of America, protection is sought in class 25 for the following goods:  shirts, coats and socks.
99. In this manner, the applicant will reduce the possibility of receiving a notification of provisional refusal from the United States of America, and at the same time will be in a position to obtain protection for the widest possible coverage of goods and services in the other designated Contracting Parties.  

Item 11:  Designated Contracting Parties
100. All that is required is to check the box corresponding to the Contracting Party or Parties in which it is intended to seek protection for the mark.  
101. However, an applicant should pay particular attention to designations of Contracting Parties like the European Union, the United States of America, Ireland, Singapore, United Kingdom, Cuba, Ghana and Japan.  

Designation of the European Union
102. Where the European Union is designated in an international application, the applicant should note footnote 1 in item 11 of the form.  In this footnote, it is provided that the applicant must, in addition to the language of the international application itself, indicate what is known as a second working language before the Office for Harmonization in the Internal Market (Trade Marks and Designs) (OHIM).  The indication of this second language must be chosen among one of the five official languages of OHIM, namely, English, French, German, Italian or Spanish.  This second language serves exclusively as a language in which third parties may lodge opposition or cancellation proceedings before OHIM and it is not concerned in any way with the Madrid procedures, as such.  
103. NOTE:  if the indication of a second language has not been given by the applicant when there has been a designation of the European Union, the International Bureau will nevertheless proceed with the registration (everything else being in order) and in that case, a provisional refusal will be notified by OHIM and will have to be overcome directly before OHIM by the holder.  
104. The second part of footnote 1 is also concerned with designations of the European Union and relates to claims of seniority.  The concept of seniority is particular to the Community Trademark system and has been provided for also in the international application form, in relation to designations of the European Union.  
A claim of seniority should not be confused with a claim of priority under the Paris Convention – see item 6, above.  

大爱无疆

88 The list of goods and services in the international application may be narrower than the list in the basic registration or application.  However, it may not be broader, or contain different goods and services.  This does not mean that exactly the same terms must be used;  the terms used in the international application must however be equivalent to, or fall within the scope of, those used in the basic registration or application.  

89. Information concerning the Nice Classification can be found on the WIPO website at the following address:  http://www.wipo.int/classifications/nice/en/.

Item 10(b):  Limitation of the List of Goods and Services
90. A limitation is, effectively, a reduction in the scope of the protection, in terms of the list of goods and services, which the applicant is seeking in the international application.  A limitation may take different formats and may be prompted for different considerations.  

Example 1
91. For example, the main list of goods and services in the international application may include, say,
classes 1 to 7 and the designation of ten Contracting Parties.  The applicant may not wish to incur the expense of including all of the goods and services for all ten of the designated Contracting Parties.  In item 10(b) he may therefore accordingly reduce the scope of coverage, for example in the following manner:  
Contracting Party   Class(es) of goods and services for which protection is sought
Australia    Classes 1, 4 and 5
Japan     Classes 1 and 5
This will mean that for the remaining eight designated Contracting Parties, protection is being sought in all seven classes, and paid for accordingly, and for Australia and Japan, protection is being sought only for the goods and services indicated in item 10(b), i.e., classes 1, 4 and 5 and classes 1 and 5, respectively, and fees will be payable only for those classes.  

Example 2
92. The example above concerns a limitation relating to entire classes of goods and services as requested under item 10(b).  However, it may also be that the applicant wishes to retain the class, per se, but wishes to reduce, within the class, the scope of protection that he is seeking.  He may, for example, have already ascertained that a third party has already obtained protection for a similar mark in respect of goods that are similar to those now intended to be included in the international application, and the applicant may wish to eliminate or reduce the risk of that third party opposing the new international application.  
93. To take a simple example – assume that the applicant designates ten Contracting Parties and wishes to apply for registration in class 25 in respect of the following items of clothing:  
Clothing of leather, clothing for gymnastics, clothing of imitations of leather, coats, cyclists’ clothing and sports jerseys.  
In item 10 of the international application form the applicant may limit the scope of the goods or services as follows:  
In respect of the designation of China, protection is not sought in class 25 for the following:  
Clothing for gymnastics.  
94. The result will be that the international application will include the full scope of the goods in class 25 for the remaining nine designated Contracting Parties and will be reduced in accordance with the limitation, as far as the designation of China is concerned.  

大爱无疆

79 The International Bureau will not concern itself with the scope of the description, and will record and publish it as it is presented.  


  Item 9(f):  Verbal Elements of the Mark

80 This item is not compulsory.  The International Bureau captures (from the reproduction in item 7) what appears to it to be the essential verbal elements of the mark and this is used for internal administrative purposes.  Primarily, it is used in notifications and correspondence in order to confirm the identity of the resulting international registration.  However, where the mark is in special characters or in handwriting, there is a risk that the words or letters may be misinterpreted by the International Bureau.  Moreover, where the mark contains a great deal of verbal matter (for example, where the mark consists of a label), it may not be apparent what should be captured.  The applicant may therefore wish to indicate, in item 9(f) what he considers to be the essential verbal elements of the mark.  Any such indication is, however, entirely for information and is not intended to have any legal effect.  

81 This item should not be completed where the box in item 7, for standard characters, has been checked.  


  Item 9(g):  Disclaimer

82 Where the applicant wishes to disclaim protection for any element of the mark, it should be done in this item of the international application form.  The element or elements for which protection is disclaimed should be indicated.  

83 The purpose of including this item is to forestall requests from designated Contracting Parties for such a disclaimer (for example, a disclaimer in respect of non-distinctive elements of a mark) to be included in the International Register.  If however a disclaimer is included in the international application, it must be in respect of the international registration as a whole.  A disclaimer cannot be made for only some of the designated Contracting Parties.  

84 It does not matter if there was no corresponding disclaimer in the basic registration or basic application.  Conversely, if there was a disclaimer in the basic registration or basic application, this does not make it obligatory to include it in the international application.  

85 If a disclaimer is intended to concern some elements of a mark that are in characters or numerals that are non-Latin or non-Arabic, the applicant may indicate, for example, as follows:  

“The first/second/third […] verbal element appearing in the mark is disclaimed” or “the protection for the verbal elements appearing in the mark in the form of […] is disclaimed”.  


Item 10:  Goods and Services


  Item 10(a):  Indication of Goods and Services

86 The goods and services for which the international registration of the mark is sought must be indicated in
item 10.  These must be grouped in the appropriate classes of the International Classification of Goods and Services for the Purposes of the Registration of Marks (the Nice Classification), each group being preceded by the number of the class, and presented in the order of the classes of that Classification.  The goods and services must be indicated in precise terms, preferably using words appearing in the Alphabetical List of the Nice Classification.  If necessary, a continuation sheet should be used and the appropriate box should be checked.  

87 Class headings will be accepted by the International Bureau (although, not necessarily by the Contracting Parties that have been designated).  The indication All goods in class 9, for example, will not be accepted by the International Bureau.