The Research Of Central Attack-Mechanism In Trade Mark Registrition Of Madrid System

The same as other intellectual property rights, trademark rightsalso has the common nature of territoriality. Once the goods with itslabel leaved its country, intended to gain the trademark protection inother countries, it should register the label in those countries, accordingto the regulations and laws of those countries. Along with thedevelopment of international trade, a country’s sales market expands toother countries become quite common. In order to protect trademark’ssignificancy, reputation and popularity and so on in foreign markets,domestic trademark need to be registered in other countries becomequite necessary. However, countries’ trademark registration system ofindependence and disunity are the biggest obstacles for registeringtrademark in different countries. To register trademark in differentcountries individually is time and money consuming. In order toconquer this problem, Madrid system born in time. One time ofapplication, many countries designation, gaining those countries’protection, it saves a lot of time, effort and money. However, when enjoying the various conveniences the Madrid system brings, at thesame time, users will be beset by a fatal problem: central attack. Centralattack makes trademark quite unstable in the fore5years of theinternational protection. How to deal with this problem gainedincreasing attention from contracting parties. This paper tries toargument the irrationality of central attack-mechanism and puts forwardthe suggestion of abolishing basic registration to conquer central attackproblem.This paper is mainly divided into the following three parts:The first part mainly expounded the history of Madrid system andreviewed the relevant study of the central attack mechanism of Madridsystem.The second part analyzed the legislation purpose of central attackand some problems the mechanism brings.The third part put forward the strategies and methods from twoaspects to deal with central attack.This paper only did theoretical analysis from two main aspects ofbalance of interest and economic cost-benefit, which demonstrated theirrationality of central attack-mechanism. It needs to be tested inpractice and make it consummate.