The Madrid System is a convenient and cost-effective solution for registering and managing trademarks worldwide. Applicants only need to file a single application and pay one set of fees to apply for protection in the designated contracting parties, no wonder many applicants choose to apply for trademark applications under the Madrid system. 

With the development of China, the Chinese market is attractive to investors. More and more applicants file the trademark applications designated to China via the Madrid system. After applying for the application, the International Bureau will register the trademark in the International Register and send a certificate to the holder if the application conforms to the applicable requirements. Please note that the certificate sent by the International Bureau doesn’t mean the trademark is registered successfully, it only means the application meets the necessities. 

China National Intellectual Property Administration (“CNIPA”) has the right to refuse protection within the time limits unless refusal is notified to the International Bureau. If CNIPA does not take any actions within the limit, the protection of the trademark is approved automatically. The time limit for CNIPA to notify a refusal is generally 18 months. After approval of the extension of a Madrid international application, CNIPA will not issue the certificates of registrations. 

Hence, here is the problem. How can you prove that you have the exclusive right of the trademark when enforcing your trademark rights in China? To get the certified copy of a certificate is the right choice.

What is the certified copy of a certificate?

The certified copy of a certificate is a documentation to prove the owner has obtained trademark rights in China under the Madrid system. It is of the convenience of the trademark owner to use. It has the same legal effect as the trademark certificate.

What is the certificate of an international registration?

After filing the international trademark application under Madrid System, the International Bureau will send the certificate of the international registration to the trademark holder. The certificate is not considered the trademark was registered successfully. This certificate only means the international application meets the applicable requirements, and the application can be recorded in the International Register. 

What are the differences between the certified copy of a registration certificate and the certificate of an international registration?

·Issued by different offices

The certified copy of a registration certificate is issued by CNIPA which may cost additional fees, while the International Bureau issues the certificate of the international registration.

·Different meanings

The certificate of an international registration can only demonstrate the application meets the applicable requirements and is recorded in the International Register but not means a true registration in any contracting countries. But the certified copy of a registration certificate means the trademark right is already in your hands.

·Different procedures

To obtain a certificate of an international registration, the applicant needs to file an international application with a basic national trademark application/registration, after a simple examination, the international bureau will issue the certificate. But in fact, the certificate does not have any legal effect in contracting countries currently.

To obtain a certified copy of a certificate in China, that means the trademark has been approved and protected. Unlike with the United States, CNIPA will not issue a certificate for this international application but just a notification to inform the protection has come into force. The trademark owner must file a request to CNIPA to get said copy.

How to apply for the certified copy of a trademark registration certificate?

If the holder wants to get the certified copy of a certificate in China, he/she needs to entrust a local trademark agency to file the request for obtaining the certified copy of a certificate and submitting the following documents.

·Identification documents of the trademark owner;

·A soft copy of executed power of attorney;

·The international registration number of the trademark.

Normally, the certified copy of trademark registration certificate will be issued in around 2~3 months after filing the request. Although it is not necessary to have a certified copy in China, it is much more convenient for you to enforce your trademark rights in China. Because it is necessary to submit documentation to prove you have the trademark rights in some legal actions, such as filing a complaint on an online platform or filing litigation before the court. Hence, it is wise to obtain a certified copy of registration certificate after receiving the statement of grant of protection issued by CNIPA for your international trademark.