Intellectual property · Legal information

Is an International Trade-Mark Filing the Madrid Route?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

The answer to whether an international trade-mark filing is the Madrid route is that the Madrid system is one route, and it is not itself the national registration form. The filing rests on a basic mark or a basic application in Turkey, and it shows the countries where protection is wanted. Each country examines under its own law. No filing day, no fee, and no number of countries are in this note.

The list is not opened without a basic right

The Madrid route is an international record through the office and tied to a basic right. While there is no basic application or registration, a country list does not itself create the national register. A filing made directly at a foreign country's office is a separate route, and Madrid is not presented as the only door. The papers, the opposition, and how the class list of a national filing is built are not lined up again here. A class number does not stand in for the list at a foreign office either. Which goods were written is compared with the list on the basic document. The filing day is not frozen, because the day is read from the record on the filing's own papers.

Each office makes its own examination

An international record does not give rise to protection in every designated country at the same time. The relevant office can examine with its own grounds of refusal, and it can refuse protection. A refusal in one country does not itself drop every country on the list. The number of countries, the fee, and the attorney's charge are not figures in this note. Adding a country to the list later is a separate request, and the examination of the added country also runs in its own office. A refusal writing is a decision document. That document is not a petition that closes the registers of the other countries.

Neighbouring regimes are not the Madrid form

The national filing in Turkey sits under trade-mark registration, and the class list under choice of class. The international route in patents is the PCT, and the international route in designs is an international design. They are separate regimes. The registration certificate itself sits under the registration certificate. These records do not write the day of a Madrid filing, and they do not put the national form in place of the international record.

How the basic right is read

The register record of the basic mark, the country list, and the refusal document that came from the office are read together. The three are not taken as a single application form. A lawyer in Ankara does not take the Çankaya address for the office of the international record. The examination runs in the designated country's own office. A filing day is not invented under this heading either, because the day comes out of the record on the papers, and the price on the tariff is not made a figure here. The decision does not itself write one country's refusal as the whole list falling.

A refusal writing does not close the whole list

One office's refusal document relates only to the examination in that country. The register of the other countries on the list does not close on its own with this document. A refusal can be a writing in the nature of a decision, and the petition writes expressly which country it belongs to. If the country name is missing, it is not assumed that the whole filing has fallen. The filing day is read from the record annotation on the papers, and this note does not freeze that day. The fee and the number of countries are also read from the tariff, and they are not made figures here.

The register position of the basic mark is the basis of the international record. If the basic right has fallen away, or never arose, the fate of the list is read separately, but this reading is not inventing a number of days. A country added later does not itself reopen the examination of the earlier countries. The class list is compared with the goods on the basic document, and a class number does not itself give rise to protection at a foreign office. A decision is made without writing one refusal sentence as the erasing of the whole map. A limit of protection is not drawn before the document, the register extract, and the country list stand together. That the basic application has not yet been registered does not mean the international list never arose on its own. A basic right is also a basis as an application. Which status the list rests on is read from the register document. The offices' examination calendar is not written as days in this note. A filing made directly at a foreign office is not an annex of the Madrid list, and that filing is not turned into a form here.

Conclusion

Madrid is an international route that shows countries by resting on a basic mark. Each office makes its own examination, and one refusal does not close the whole list. The filing day, the fee, and the number of countries are not frozen. The frame is on the intellectual property page, and the basis is the text of the Industrial Property Code No. 6769.

Legislation

Frequently asked questions

Does a Madrid filing take the place of national registration?

No. Madrid rests on a basic mark or application. How the national filing in Turkey is made is a separate note.

Does one country's refusal drop the whole list?

No. Each designated country examines under its own law. One office's refusal does not itself close the examination in the other countries.

Does this page write a number of countries and a fee?

No. How many countries are chosen, and the price, are read from the tariff at the time of filing. This note does not freeze those figures.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Intellectual property

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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