An international trademark filing method called the Madrid Protocol improves the process of getting TM protection across many countries. This blog piece will describe what the nations’ Madrid Protocol covers for brand filing as of 2024. The World Intellectual Property Organisation (WIPO) runs the Madrid Protocol, which lets brand owners pay one set of costs to guard their mark in many member nations against one single application in one language. This system offers numerous benefits, including cost savings, easier administration, uniform management and the capability to care for a brand collection.
Nations Under Madrid Protocol Coverage
The following is a list of countries and groups that are members of the Madrid Protocol:
- Afghanistan
- African Intellectual Property Organization
- African Regional Intellectual Property Organization
- Albania
- Algeria
- Antigua and Barbuda
- Armenia
- Australia
- Austria
- Azerbaijan
- Bahrain
- Belarus
- Belgium
- Belize
- Bhutan
- Bosnia and Herzegovina
- Botswana
- Brazil
- Brunei Darussalam
- Bulgaria
- Cambodia
- Canada
- China
- Colombia
- Croatia
- Cuba
- Cyprus
- Czech Republic
- Democratic People’s Republic of Korea
- Denmark
- Egypt
- Estonia
- European Union
- Finland
- France
- Gambia
- Georgia
- Germany
- Ghana
- Greece
- Hungary
- Iceland
- India
- Indonesia
- Iran (Islamic Republic of)
- Ireland
- Israel
- Italy
- Japan
- Kazakhstan
- Kenya
- Kyrgyzstan
- Latvia
- Lesotho
- Liberia
- Liechtenstein
- Lithuania
- Luxembourg
- Madagascar
- Malaysia
- Malta
- Mexico
- Monaco
- Mongolia
- Montenegro
- Morocco
- Mozambique
- Myanmar
- Netherlands
- New Zealand
- North Macedonia
- Norway
- Oman
- Philippines
- Poland
- Portugal
- Republic of Korea
- Republic of Moldova
- Romania
- Russian Federation
- Rwanda
- San Marino
- Saudi Arabia
- Senegal
- Serbia
- Singapore
- Slovakia
- Slovenia
- Spain
- Sudan
- Sweden
- Switzerland
- Syrian Arab Republic
- Tajikistan
- Turkey
- Turkmenistan
- Ukraine
- United Arab Emirates
- United Kingdom
- United States of America
- Uzbekistan
- Viet Nam
- Zambia
- Zimbabwe
This list covers 114 members, representing 130 countries. It includes big countries like the European Union, China, Japan, India, Brazil, and the United States, making it an important system for international property protection.
Although the Madrid Protocol improves the process of getting trademark protection across many nations, it does not always provide protection in every partner nation. Trademark owners still have to select the nations they want security against and meet the particular standards of every country they name.
TM Registration Procedure with Madrid Protocol
Designed as an international trademark registration method, the Madrid Protocol lets trademark owners file one application to protect their mark in many nations. Under the Madrid Protocol, the trademark filing process is set out here step-by-step:
- Usually, the trademark office of the country the applicant is connected with needs the applicant to file a foreign trademark application along with the Office of Origin. The application has to be based on an Office of Origin registered trademark or past filed registration.
- Before sending the application to the WIPO in Geneva, the Office of Origin reviews and approves it.
- WIPO reviews the application officially to ensure it meets legal requirements. If any errors emerge, the application is told that it has three months to fix them.
- If the entry is in order, it will be recorded in the International Register and written in the WIPO Gazette of International Marks. WIPO then tells the above-mentioned countries where the applicant wants protection.
- Subsequent Examination: The stated nations then review the application to ensure it fits their national rules. Anyone who is against or complains about the candidate has to answer within the time limit.
- Registration and Protection: The name is registered and protected in the countries that were given to it after a good review. The registration is good for ten years; WIPO may help update it.
- Changes and Renewals: Any modifications to the registration—such as changes in ownership of goods or services—can be marked centrally with WIPO, which subsequently tells the selected nations.
The Madrid Protocol is a useful and reasonably priced choice for brand owners. It improves the process of getting trademark protection in many countries by allowing a single application and uniform care.
Benefits of the Madrid Protocol
For brand owners, the Madrid Protocol has a number of perks, including:
- Cost Savings: Making one foreign application and paying one set of fees may be more affordable than making different national applications in many countries.
- Streamlined Administration: The Madrid Protocol lets trademark owners centrally handle and maintain their trademark portfolios, therefore improving the extension of applications and record-keeping of changes.
- Language Flexibility: International applications may be made in English, French, or Spanish, making the system more available to a bigger group of people.
- Territorial Extension: Trademark owners may extend protection to other nations by making a subsequent designation after the initial registration.
- Centralised Management: WIPO allows changes in name or address to be recorded and then tells the relevant nations, therefore easing the process for the trademark owner.
Considerations for Using the Madrid Protocol
Although the Madrid Protocol has certain benefits, brand owners should bear several factors in mind:
- Dependency Period: For the first five years, international licenses depend on the basic application or registration. Should the basic application be refused or cancelled during this time, international registration would also be affected.
- Individual Country Requirements: Every country that is designated may have certain criteria, including the need to provide a power of attorney or show a local address for services. Trademark users should get familiar with the standards of any country from which they want security.
- Potential Language Barriers: Although the Madrid Protocol lets you file in English, French, or Spanish, certain nations could need a translation into the local language for inspection needs.
- Potential for the Central Attack: Should the basic application or registration be successfully challenged during the dependence time, the global registration might suffer, therefore compromising the security given in every country under designation.
Conclusion
The Madrid Protocol provides knowledge of the countries the system covers and their advantages to enable businesses to choose how best to register their rights overseas for trademark owners seeking a rapid and affordable way of safeguarding their marks across multiple countries. Nevertheless, trademark owners should carefully evaluate the potential negative effects and seek experienced trademark experts to manage the complexities of the Madrid Protocol and guarantee the proper protection of their marks in their intended markets.
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