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International trademark registration

International trademark registration

The substance of international trademark registration consists in facilitating the application procedure for trademark registration in the Madrid Union member states. The entity applying, by way of a single registration or a single base trademark application filing in the country of origin, is granted the possibility of obtaining protection in all member states, such protection being the same as that obtained in a particular member state directly.

International trademark registration application procedure under the Madrid Union is conditional on the trademark registration in the country of origin, whereas under the Madrid Protocol, it is conditional on either trademark application filing or trademark registration in the country of origin.

The application filing and trademark registration procedure for international trademark protection rights awarding comprises:

  • conducting optional registerability investigations,
  • preparing application documents and their submission to the Patent Office of the Republic of Poland or the Office for Harmonization in the Internal Market (OHIM),
  • application filing fee payment to the bank account of the Patent Office of the Republic of Poland or the Office for Harmonization in the Internal Market (OHIM) and the Bureau of the World Intellectual Property Organisation (WIPO), according to the valid fee tabulation,
  • formal examination of the application conducted by the Patent Office of the Republic of Poland or the Office for Harmonization in the Internal Market (OHIM),
  • sending the application documentation to the Bureau of the World Intellectual Property Organisation (WIPO),
  • notification by the Bureau of the World Intellectual Property Organisation (WIPO) to the national patent offices of particular member states (as indicated by the applying entity),
  • issuance of a decision on granting protection rights to the particular trademark (or on an objection to rights granting) by the national patent offices indicated in the application filed.

The protection right lifetime amounts to ten years counted from the date of application filing with the Bureau of the World Intellectual Property Organisation (WIPO), with the possibility of trademark protection renewal for the ensuing period of ten years.

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