Saturday, April 21, 2018

MADRID SYSTEM IN VIETNAM

Examination by National Trademark Offices as designated Contracting Party in Vietnam

Each designated contracting party has the right to accept or refuse the
protection of the international registration in its territory. In those countries where the trademark law is characterized by the substantive examination, like Japan and Vietnam, an international application of trademark will be subject for the substantive examination under the national law and regulations similar to that applied to the trademark applications filed directly.

Read more: Examination by National Trademark Offices as designated Contracting Party in Vietnam

Examination by International Bureau

The International Bureau (IB) of the WIPO is the body to administer the Madrid system. It is responsible for international registration and related duties as well as all other administrative tasks, under or concerning the international registration of trademark under Madrid Agreement and/or Madrid Protocol.

Read more: Examination by International Bureau

Comparative analysis on the current situation of using Madrid system in Vietnam

Factors associated with the Madrid system

- Precondition of the international trademark application under Madrid Agreement:

One of the basic requirements for filing an international application of trademark under Madrid Agreement is having a mark registered in the country of origin. The tiring wait for examination process in the country of origin until trademark registration somehow discourages the applicant's desire to extent the protection of trademark worldwide. Besides, under Madrid Agreement, the trademark holder seems not to have any chances to claim priority date under Paris Convention as the examination time for a domestic trademark application is always longer than 6 months.

Read more: Comparative analysis on the current situation of using Madrid system in Vietnam

Analysis on the International application designating Vietnam

In 2007, NOIP in total received 32030 trademark applications, in which 27110 were national applications and 4920 international applications.

Read more: Analysis on the International application designating Vietnam

Difference between Madrid Agreement and Madrid Protocol

The Madrid Agreement and the Madrid Protocol are independent, parallel treaties, with separate, but overlapping, regulations and memberships. There is a certain difference between two these treaties in the following aspects:

Read more: Difference between Madrid Agreement and Madrid Protocol

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