INTERNATIONAL TRADE MARKS
1-
INTRODUCTION. |
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The International Trade Mark system simultaneously grants
the protection of Trade Marks in different countries provide
that they form part of the Madrid Agreement or Protocol.
2- COUNTRIES
WHICH MAY BE DESIGNATED.
(Agreement and/or Protocol)
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3- PROCESSING.
The application is made by means of a single filing, which
afterwards undergoes the same procedure as a national application
in each designated country, with a decision being taken as
to whether it should be granted or rejected, irrespective
of the fate of the application in the other designated countries.
4- REQUIREMENT OF A FORMER APPLICATION
OR REGISTRATION.
One of the requirements in order to apply for an International
Trade Mark is to have previously obtained a registered trade
mark (basic registration), in countries that form part of
the Agreement, or to have filed an application which must
become registered (basic application), for member countries
of the Protocol in the country of origin. The basic registration
or application must be identical to the International Trade
Mark.
5- DEPENDENCE
ON THE FORMER REGISTRATION.
The International Trade Mark is dependent on the former trade
mark for the five years following its registration. In member
countries of the Madrid Agreement, successful actions for
the nullity or revocation of the basic registration purport
that the International Registration becomes void in all of
the designated countries. In member countries of the Protocol,
it is possible, nevertheless, to convert the International
Trade Mark application into a national trade mark application.
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