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International vs. National Trademark Filing Guide (V): Basic Application Risk

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International vs. National Trademark Filing Guide (V): Basic Application Risk

When considering a Madrid International Application, experts will inevitably mention the term "Central Attack." This represents the most significant risk of the international route and is the primary differentiator from national applications.

  1. What is the "Dependency" on a Basic Application? A Madrid International Application does not exist in a vacuum; it must be based on a trademark application or registration already filed in the applicant’s "Office of Origin" (e.g., China, USA). For the first five years from the date of international registration, the international application remains "dependent" on this basic case.

  2. The Fatal "Central Attack" Risk If, during this five-year dependency period, the basic application in the home country fails for any reason (e.g., it is refused, canceled by a third party, or voluntarily withdrawn), all designations under that international application will "collectively lapse." It is akin to removing the foundation of a building—the entire global portfolio collapses instantly. This is the "Central Attack."

  3. The "Risk Isolation" Advantage of National Applications In contrast, National Applications are entirely independent. Even if your trademark is refused in the U.S., it has no legal impact on your filings in Japan or the EU. Each country examines the case independently. For enterprises with controversial brand names or those targeted by competitors, national filings provide superior "risk hedging."

  4. Remedial Measure: Transformation Should a Central Attack occur, the Madrid System provides a lifeline: Transformation. Within three months, the applicant can convert the failed international registration into individual national applications while retaining the original international filing date. However, this requires paying local attorney and official fees again, significantly increasing the total cost.

Summary Advice If your basic trademark is highly stable (e.g., already registered with strong distinctiveness), the Madrid System is incredibly efficient. However, if the basic case is still under examination and carries a high risk of refusal, you should carefully weigh whether to tie your global expansion to such an unstable foundation.

Disclaimer

All information in this article is only for the purpose of information sharing, instead of professional suggestion. Kaizen will not assume any responsibility for loss or damage.

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