The Madrid system of trademark registration is governed by two international treaties, the Madrid Agreement on the international registration of trademark 1891 and the Madrid Protocol relating to the Madrid Agreement 1989. These two international treaties exist separate simultaneously, but closely related to each other.
Vietnam has been a member of the Madrid Agreement since 1949 and besides, the Madrid Protocol will officially take effect in Vietnam from July 11, 2006. Currently, in practice, the Madrid Protocol is preferred, due to the following comparison criteria:
|Criteria||The Madrid Protocol||The Madrid Agreement|
|Transition agency||National Office of Intellectual Property of Vietnam||National Office of Intellectual Property of Vietnam|
|Registration legal basis||
English, French, Spanish
|Minimum application processing time||18 months||12 months|
|Time limit of protection||10 years and renewable||20 years and renewable|
|Convert international application to national application||Applications for designation in countries remain valid and the designation date remains unchanged in the event that the application in the country of origin is suspended in whole or in part of list of goods/services if the designation is made within 03 months from the date of filing application in the country of origin.||
|Dependence on the trademark registration certificate in the country of origin||
|Protection will be void if the trademark registration certificate in the country of origin is revoked for any reason.|
|Fee||Regulated by each country, or according to general regulations. However, the fee for a Protocol application is slightly higher than that for a Agreement application, although it is still much lower than for a direct national application.||
Fees as a general regulations
|Number of contracting countries||81||56|
For further information in application international trademark under Madrid system in Vietnam, Clients can refer to the article: Madrid system for trademark registration in Vietnam.
As an intellectual property representative in Vietnam with many years of experience in the profession, Viet An Law Firm will advise clients on the process and procedures for filing a trademark application under the Madrid System, and will conduct file applications at competent state agencies through the international trademark registration service under the Madrid System of Viet An Law Firm.
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