What is the Madrid trademark system
Madrid Trademark Agreement (MMA)
Multilateral international treaty and sub-agreement of the Paris Union Convention for the Protection of Industrial Property (PVÜ), concluded in Madrid on April 14, 1891, revised in Brussels (1900), Washington (1911), Hague (1925), London (1934), Nice (1957 ) and Stockholm (1967) with AO, applies between the member states in the mutually ratified version (Art. 16), for the Federal Republic of Germany the Stockholm version is authoritative (Federal Law Gazette 1970 II 418). It enables the international registration of trademarks (IR trademarks) that are registered in the country of origin, so it requires a nationally valid trademark registration. The legal status of the IR trademark is bound to the home trademark for a period of five years, provided that this does not expire due to an action brought before the five years have elapsed, after which it becomes independent (Art. 6).
Exception:Telle quelle brands. The international registration is carried out by the international office through the mediation of the national authority (Art. 3), in the Federal Republic of Germany that is the German Patent and Trademark Office (DPMA); a direct application to the international office for registration is not possible. The international registration must be claimed for all countries to which the Nice version applies, including the Federal Republic of Germany (Art. 3). The international registration leads to the protection of the brand in accordance with the respective national law with the special feature that the time priority in the respective states is not based on the day of the application as in German law, but on the day of the international registration. The period for maintaining the Union priority (right of priority) is six months, a German trademark must therefore be internationally registered six months after its application in order to achieve the Union priority (Art. 4). The national authorities have the possibility, within limits, of rejecting the request for an extension of protection (refus de protection, Art. 5). The term of protection of the trademark is 20 years and can be extended, with partial payment of the basic fee ten years with the possibility of extension (Art. 6, 7).
Transfer of the trademark: Art. 9 f.
Fees: Art. 8. The trademark law has integrated the protection of the IR trademark into the German trademark law, which is to be applied to IR trademarks with the necessary adjustment rules (§ 107 ff. MarkenG) (§ 107 MarkenG).
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