Tiếng Việt
中文 (中国)
日本語
In the context of globalization and expanding international markets, registering trademarks in multiple countries has become an essential need for businesses. The Madrid System—administered by the World Intellectual Property Organization (WIPO)—offers a simplified and cost-effective mechanism for international trademark registration. This article, written by top-tier Vietnam IP Agency, provides guidance for Vietnamese businesses on how to effectively utilize this system to protect their brands globally.
1. What is the Madrid System and who can use it?
The Madrid System is a mechanism for international trademark registration through a single application filed with WIPO, based on a trademark application or registration in the country of origin.
Vietnam is a member of both the Madrid Agreement and the Madrid Protocol. As such, Vietnamese businesses are entitled to submit international applications through the Vietnam Intellectual Property Office (IP Office), designating other member countries where they seek trademark protection.
2. Benefits of using the Madrid System for international trademark registration
Compared to filing separate applications in each country, the Madrid System offers several advantages:
- One application, in one language, with fees paid in one currency (CHF)
- Simplified management: renewals, assignments, and modifications are all handled centrally through WIPO
- Cost savings on translation, local attorney fees, and reduced procedural risks
This approach is particularly suitable for Vietnamese enterprises aiming for multi-country protection while operating with limited resources.
3. Procedure for filing an international trademark application via the Madrid System from Vietnam
Step 1: File a basic application or hold a basic registration with the Vietnam IP Office
Step 2: Submit the international application to the Vietnam IP Office, along with a translation and the prescribed fees
Step 3: The Vietnam IP Office certifies and forwards the application to WIPO
Step 4: WIPO conducts a formal examination, records the application in the International Register, and forwards it to the designated countries
Step 5: The IP Offices of the designated countries examine the application and issue a decision to grant or refuse protection within a maximum of 18 months
4. Key considerations when using the Madrid System
Because an international application is dependent on its basic application or registration for the first five years, any refusal or cancellation of the basic application will lead to a corresponding loss of validity in the international registration.
In addition, businesses should thoroughly research the trademark laws of each designated country to anticipate potential refusals and consider making appropriate adjustments to the international application.
Thorough preparation during the domestic stage and support from experienced legal counsel will help Vietnamese businesses take full advantage of the Madrid System to protect their trademarks on a global scale.
ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient and lawful advice to its domestic and international clients. If we can be of assistance, please email to [email protected].
ASL LAW is the top-tier Vietnam law firm for Intellectual Property Services. If you need any advice, please contact us for further information or collaboration.
