I. System Overview: A Century-Old International Trademark Registration Network  

The Madrid System for the International Registration of Trademarks, established under the 1891 Madrid Agreement, was initiated by countries including France and Spain to simplify cross-border trademark registration and reduce costs for global business operations. The 1989 Madrid Protocol enhanced its flexibility, allowing applications based on acceptance notices and extending rejection periods for member states. As of 2025, the system covers 128 member countries, including China, the US, the EU, Japan, and other major economies, forming an intellectual property protection network spanning over 90% of the global consumer market.

II. Registration Process and Core Rules  

1. Applicant Eligibility  

  - Entity Requirements: Applicants must have a real business presence or domicile in China or hold Chinese nationality. Non-member country nationals must have a joint venture or wholly-owned enterprise in China.  

  - Application Basis: The trademark must be registered in China or have a filed application with an acceptance notice.  

  - Priority Rule: If the international application is filed within six months of the domestic application, priority can be claimed by submitting a copy of the acceptance notice and paying the required fees.  

2. Examination Stages and Timeline  

  - Formal Examination: Conducted by the China Trademark Office (3-6 months) and WIPO International Bureau (6-9 months), focusing on document completeness and accurate goods classification.  

  - Substantive Examination: Each member country conducts independent reviews based on national laws, with a 12-month period for Agreement countries and 18 months for Protocol countries. If no rejection is issued within the period, protection is automatically granted.  

  - Registration Timeline: Typically 18-24 months under smooth conditions. Some countries do not issue separate certificates, requiring status checks via the WIPO website.  

III. Central Attack Principle: Risks and Mitigation  

1. Trigger Conditions  

  If the base trademark is revoked, invalidated, or not renewed within five years of registration, the international registration becomes invalid.  

2. Legal Consequences  

  - Complete Invalidation: Protection in all designated member countries terminates automatically.  

  - Case Study: A Chinese company’s base trademark in the EU was revoked for three years of non-use, resulting in the loss of its Madrid System registrations across all 27 EU countries.  

3. Remedial Measures  

  - Protocol Relief: Within three months of base trademark invalidation, applicants can convert the international registration into national registrations in member countries.  

  - Risk Prevention: Pursue domestic trademark renewal concurrently or supplement with single-country registrations.  

IV. Post-Registration Management: Changes, Transfers, and Renewals  

1. Change Procedures  

  - Global Changes: Name or address changes must apply to all designated member countries.  

  - Base Trademark Linkage: If the domestic trademark is under change, proof from the registration authority or official records must be submitted.  

2. Transfer Rules  

  - Transferee Eligibility: Must be a national of a Madrid member country or have a domicile or company in a member country.  

  - Partial Transfer: Transfers can be split by country or class but must include all goods in the class. Successful transfers are marked with an “A” after the original registration number.  

3. Renewal Mechanism  

  - Term: Renewals are required every 10 years, with applications due six months before expiry or within a six-month grace period.  

  - Special Cases: Post-Brexit, the UK requires separate renewals. Countries like Brazil and India require the international registration date to postdate their Madrid System accession.  

V. Dispute Procedures: Oppositions, Invalidation, and Revocation  

1. Opposition Procedure  

  - Timeline: Oppositions can be filed within three months of the international publication.  

  - Process: Handled by each member country’s trademark office based on national laws.  

2. Invalidation and Revocation  

  - Invalidation Grounds: Absolute grounds (e.g., lack of distinctiveness) or relative grounds (e.g., bad-faith registration).  

  - Non-Use Revocation: Trademarks unused for five consecutive years in a designated country may be revoked, requiring evidence of actual use for defense.  

VI. Madrid System vs. Single-Country Registration: Pros and Cons  

1. Advantages  

  - Cost Efficiency: A single application covers multiple countries, saving on translation and notarization fees.  

  - Management Efficiency: Centralized management of renewals and changes via WIPO.  

  - Legal Uniformity: Adheres to the Nice Classification, reducing risks from legal differences.  

2. Disadvantages  

  - Central Attack Risk: Invalidation of the base trademark leads to global invalidation.  

  - Long Examination Periods: Some countries’ reviews are slower than single-country registrations.  

  - Lack of Certificates: Most member countries do not issue separate certificates, relying on WIPO records.  

Conclusion  

The Madrid System offers a “low-cost, high-efficiency” pathway for global trademark protection, but its central attack risk and examination timelines require careful evaluation. Through Kangxin IP Platform’s digital tools, businesses can devise precise brand protection strategies, achieving comprehensive management from registration to enforcement.