Madrid Trademarks

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Madrid Trademarks

Madrid international trademark registrations refer to international registrations obtained based on Madrid Agreement Concerning the International Registration of Marks, and the Protocol Relating to said Agreement.

Madrid Treaty was signed in Madrid, Spain on April 14, 1891, and became effective in 1892, with a history of over 100 years. China joined the Madrid Treaty on April 4, 1989.

China signed the Protocol on December 1, 1995, and became effective in China on April 1, 1996. Both Treaty and Protocol are effective in China.

Madrid international trademark registration applications should be based on national trademark registrations (under Madrid Treaty) or based on national trademark registration applications (under Protocol); an applicant can designate member countries of Madrid Treaty or member countries of Protocol or both in the same application form based on the developments of its/his national case (many members of Madrid Treaty also joins the Protocol).

I. Qualification of applicant:

An applicant should meet the following requirements to file Madrid international trademark registration applications in China:

A) having real and effective industrial or commercial operation premises inside China, or

B) residing inside China; or

C) having Chinese nationality.

II. Basis of Application

1. Madrid Treaty: preliminarily approved or registered trademarks by/at the Chinese Patent Office

2. Protocol: trademarks with application received, preliminarily approved or registered by/at the Chinese Trademark Office

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