Wednesday, December 6, 2023

The Madrid Protocol

 The Madrid Protocol is an international treaty that facilitates the international registration of trademarks. It was adopted in Madrid, Spain, in 1989 and came into force in 1996. The protocol is administered by the International Bureau of the World Intellectual Property Organization (WIPO).

The main purpose of the Madrid Protocol is to simplify the process of protecting trademarks across multiple countries. It allows trademark owners to file a single application, known as an "international application," with their national trademark office and then extend protection to multiple member countries.

Key features of the Madrid Protocol include:

  1. Centralized Filing: Instead of filing separate trademark applications in each country of interest, a trademark owner can submit a single application to their national or regional trademark office.

  2. International Registration: Once the international application is accepted by the national or regional office, it is transmitted to the International Bureau of WIPO, which then publishes the mark in the International Register.

  3. Designation of Member Countries: The trademark owner can designate one or more member countries where they seek protection. These countries must also be parties to the Madrid Protocol.

  4. Examination by Designated Countries: Each designated country has the authority to examine the trademark according to its own laws and regulations. If accepted, the mark is protected in that country as if it had been filed directly with the national office.

  5. Centralized Maintenance: Changes, renewals, or other maintenance activities can be handled centrally through the International Bureau, making it more convenient for the trademark owner.

It's important to note that the Madrid Protocol is not a harmonization of trademark laws. Each designated country retains the right to apply its own substantive trademark laws to determine whether to grant protection. If a mark is refused protection in one designated country, it does not affect the status of protection in other designated countries.

As of my knowledge cutoff in January 2022, many countries around the world are parties to the Madrid Protocol, making it an essential tool for international trademark protection. However, the specific list of member countries may change, so it's advisable to check the latest information from WIPO or relevant national trademark offices.

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