The Madrid Protocol Explained
Registering International Trademarks Worldwide
The Madrid Protocol is is a international trademarks system that allows you to make one application in one country initially. Then a worldwide trademarks application can be made for registration in all other countries listed on the application form which are member states of the Madrid Protocol. It is run by the World Intellectual Property Organisation (WIPO) based in Geneva, Switzerland.
International Trademarks Registration
This is a popular system as under the Madrid Protocol it is possible to obtain an international trademarks registration based on a pending trade mark application, so that a trademark owner can effectively apply for international registration concurrently with or immediately after filing an application in a member jurisdiction. For example if you have filed a UK or EU trademark registration application you can apply under the Madrid Protocol for several other applications without waiting to see if your application has been successful. This process is known as 'designation'. A useful feature of the Madrid Protocol system is that this protection may generally be extended to additional jurisdictions at any time, such that international trademarks protection can be extended to new jurisdictions which subsequently join Madrid or to such other jurisdictions as the trade mark owner may choose.
Madrid Protocol Advantages
Basically the primary advantage of the Madrid Protocol system is that it allows a trademark owner to obtain trademark protection in any or all member states by filing one application in one jurisdiction with one set of fees, and make any changes (e.g. changes of name or address) and renew registration across all applicable jurisdictions through a single administrative process. One disadvantage however is if the basic application is rejected (e.g. your UK or EU trademarks application) as a whole; the international trademarks registration would also be totally refused.
The current members are who are signed up to the Madrid Protocol are:
- Albania
- Antigua and Barbuda
- Armenia
- Australia
- Azerbaijan
- Bahrain
- Belarus
- Bhutan
- Botswana
- China
- Croatia
- Cuba
- Democratic Peoples Republic of Korea
- Georgia
- Iceland
- Iran
- Japan
- Kenya
- Kyrgyzstan
- Lesotho
- Lichtenstein
- Moldova
- Monaco
- Mongolia
- Montenegro
- Morocco
- Mozambique
- Namibia
- Norway
- Oman
- Republic of Korea
- Russian Federation
- San Marino
- Serbia
- Sierra Leone
- Singapore
- Swaziland
- Switzerland
- Syrian Arab Republic
- The former Yugoslavian Republic of Macedonia
- Turkey
- Turkmenistan
- Ukraine
- USA
- Uzbekistan
- Viet Nam
- Zambia