December 31, 2024 Copyright ©️ 2024 by goldkeen International Patent & Trademark Joint Office
 

 

 

In reality, there’s no such thing as a "world trademark."

Some people say they’ve applied for a “Madrid trademark” or even call it a “capital of Spain trademark”—what does that mean?

 

Trademarks are only protected in the countries where they are officially registered—this legal principle is known as "territoriality."

To apply for trademark protection in multiple countries at once, one can use the Madrid Agreement or Madrid Protocol system.

This international trademark filing system is overseen by WIPO (World Intellectual Property Organization).
Once an application is filed in one member country, you can then submit a single international application and designate multiple countries for protection.

However, Taiwan is not a member of the Madrid System, so if a franchise headquarters doesn’t yet have business entities or operations in other countries,
the most common route is to first apply for a China trademark, and then submit a Madrid application through China’s international bureau.

When calculated carefully, applying country by country often requires hiring local attorneys in each country, along with legal service fees per region.
Using the Madrid System can significantly reduce communication time and legal costs across countries.

Of course, there are tradeoffs.
One of the most awkward issues for Taiwanese companies is the political and procedural sensitivity between Taiwan and China in this filing route.

If your franchise headquarters has multi-country, multi-class trademark needs,
be sure to consult with a professional firm to calculate the total cost of a Madrid trademark application.

 

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