SINCE 1997
DAEILPAT
Daeil Int'l Patent & Trademark Law Firm
MADRID PROTOCAL for INTERNATIONAL TRADEMARK REGISTRATION
Exporting businesses, small and large, need a reliable, convenient and cost-effective mechanism to protect trademarks in markets of interest.
The Madrid System is the one-stop solution for trademark holders to obtain and maintain protection in multiple markets.
Benefits of the Madrid System
Convenient
The Madrid System is a centralized filing and management procedure. Through the Madrid System you can file one international application, in one language (English, French or Spanish), and pay one set of fees in Swiss francs to obtain international registration in multiple territories.
As your business strategy evolves, the Madrid System can be used to expand protection into new markets. Your portfolio of marks can also be managed and maintained through one centralized system.
Cost effective
Filing an international application is the equivalent of filing a bundle of national applications, effectively saving you time and money.
Through the Madrid System there is no need to pay for translations into multiple languages or to spend extra time working through the administrative procedures of multiples offices.
Broad geographic coverage
The Madrid System offers the potential for simultaneous protection in up to 113 territories of its 97 members, including the European Union (EU) and African Intellectual Property Organization (OAPI), the majority of developed countries and many developing and transition countries.
These countries represent in excess of 80% of world trade and membership is growing every year.
MEMBERS of the MADRID UNION
The Madrid Union is made up of Contracting Parties to the Madrid Agreement and the Madrid Protocol.
A Contracting Party in which you apply for or register your basic mark is referred to as the Office of Origin. In your international application, you can select Contracting Parties in which you’d like to protect your mark, or you can expand the geographical scope of your international registration under the Madrid System at a later time.
Membership
The Madrid Union currently has 97 members, covering 113 countries. These members represent more than 80% of world trade, with potential for expansion as membership grows.
Procedures
WIPO conducts a formal examination of the international application but Contracting Parties may have specific requirements and procedures regarding applications, registrations or designations through the Madrid System.
Declarations
The Madrid Agreement, Protocol and Common Regulations enable Contracting Parties to make declarations concerning the international registration system, notably in relation to notifying refusals and regarding the collection of individual fees. These and other declarations are important to consider when designating a Contracting Party.
PAYMENT of FEES_MADRID SYSTEM
Under the Madrid system, all fees must be paid in Swiss francs (CHF).
Types of fees
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Schedule of fees
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Individual fees under the madrid protocol
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Reduction of fees for international applications originating from least developed countries as of January 1, 2006
Ex Officio Provisional Refusal for international registration trademark under Madrid
Overview
The notification of refusal is sent by the Office concerned to the International Bureau. It may comprise a declaration stating the grounds on which the Office considers that protection cannot be granted (“ex officio provisional refusal”), or stating that protection cannot be granted because an opposition has been filed (“provisional refusal based on an opposition”) or both. A notification of refusal must relate to only one international registration.
Procedure Following Notification of Provisional Refusal
Article 5(3)
22.01 >> Where the holder of an international registration receives, through the International Bureau, a notification of refusal (including an irregular notification of refusal under Rule 18(1)(c), see paragraphs .II.21.04 to 21.05), he has the same rights and remedies (such as review of, or appeal against, the refusal) as if the mark
had been deposited directly with the Office that issued the notification of refusal. The international registration is, therefore, with respect to the Contracting Party concerned, subject to the same procedures as would apply to an application for registration filed with the Office of that Contracting Party.
22.02 >> When lodging a request for review or an appeal against a decision of refusal of registration or responding to an opposition, the holder may, even if this is not required by the law of the Contracting Party concerned, find it useful to employ a local representative who is familiar with the law and practice (and the language) of the Office that pronounced the refusal. The appointment of such a representative is entirely outside the scope of the Agreement, Protocol and Common Regulations, and is governed by the law and practice of the Contracting Party concerned.
22.03 >> It is not within the competence of the International Bureau to express an opinion as to the justification of a refusal of protection or to intervene in any way in the settlement of the substantive issues raised by such a refusal.
DAEILPAT Services for ex officio provisional refusal in KOREA
TIME LIMIT
The Amendment and resonponse in order to overcome the ex officio provisional refusal for international registration trademark under MADRID Protocal have to file within 2 months of the date of receipt of notification of for PCT National Phase application has to enter Republic of Korea National Phase within 2 months of the date of the ex officio provisional refusal from WIPO.
If it passed the deadline(2 months) for the filing amendment and response, we cannot file the amendment and response to KIPO.
MINIMUM DOCUMENTS REQUIRED
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A copy of ex officio provisional refusal for international registration trademark. (Samlpe) or,
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A copy of provisional refusal based on an opposition. (Sample) (Preferably send by email or upload to comanas folder)
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Amended goods(or services) and opinion for the ex officio provisional refusal, if any
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Power of Attorney (Our Form)
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Order letter in English
OFFICIAL and SERVICES FEES
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Our Services Fee: USD $400.00
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Official Fee: USD $10.00
