1. International trademark application
Trademark registration under the Madrid Protocol?
1) The application must be filed within 3 months from the date of expiry of the international registration; 2) All products designated in the application for trademark registration must be included in the designated products of the international registration; If all the requirements for being identical are met, the re-application is deemed to have been filed on the international filing date. That is, re-application is permitted.
The duration of trademark rights based on international registration is from the date of establishment and registration of trademark rights to the date of ten years after the date of international registration. International applications to which Korea is the home office must be written in English, and applications for international trademark registration cannot be changed.
*Is there any way for domestic trademark holders to obtain trademark registration in other countries?
In order for a domestic trademark holder to obtain trademark registration in another country, there are two methods: an individual application in another country or an international application in accordance with the Madrid Protocol. However, in the case of Europe, there is also a way to utilize the European Community trademark system.
1) How to apply for trademark registration abroad
- Application for trademark registration in each country
- Application to Benelux Trademark Office
- Community trade mark system
- Application by OAPI system
- Application by ARIPO system
- Application by Madrid Agreement system Application
- International Application of Trademarks under the Madrid Protocol
2) Home office procedure under the Madrid Protocol
- On the basis of pending trademark registration application (basic application) or trademark registration (basic registration) with the home office
- Application through the home office
- Eligibility of applicant: Nationals of the country to which the home office belongs (including corporations), those who have an address in the relevant country (in the case of a corporation, a sales office)
However, if the international application is received by the International Bureau two months after the date of receipt of the international application by the office of the home country, the date the international application is actually received by the International Office is the date of international registration.
3) Official procedure of designated country under the Madrid Protocol
- In case the international registration of a trademark subject to international registration that has designated Korea as a designated country (including post-designation) is extinguished due to a central attack on all or part of the designated goods. The holder of the international registration may file an application for trademark registration (re-application) with the Commissioner of the Korean Intellectual Property Office regarding all or part of the product
. Considered: 1) The application must be filed within 3 months from the date of expiry of the international registration, 2) The product designated in the application for trademark registration must be included in all the designated products of the international registration, 3) The trademark for which the trademark to be registered has expired It must be the same as the target trademark
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