What is the Madrid protocol?
Madrid System, also referred to as the Madrid Protocol or Madrid, serves as the leading international system for streamlining the registration process of trademarks across various jurisdictions worldwide through a single application. Protection, also known as “International Registration,” is exclusively available for countries and regions that have become part of the system, commonly referred to as member countries.
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Madrid Protocol Countries
The Madrid Union now includes 114 members, and those members span a total of 130 nations. With potential for growth as membership increases, these members already account for more than 80% of global commerce.
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Madrid protocol 1885
The Madrid Protocol of 1885 was a significant agreement between the United Kingdom, German Empire, and Spain. Madrid’s agreement aimed to formally recognize Spain’s sovereignty over the Sulu Archipelago and establish clear boundaries for Spanish influence in the region. According to the Madrid agreement, Spain renounced all claims to Borneo.
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Advantages of madrid protocol
Simplified Process
One application for multiple countries facilitates the registration process for trademarks.
Cost Efficiency
Inexpensive comparatively to individual national registrations.
Centralized Management
Manage and renew trademarks in multiple countries with ease using a centralized system.
Time Savings
The streamlined procedure reduces the time required to seek international protection.
Flexibility
Allows for the addition of new member countries as your company expands internationally.
Consistent Branding
Consistently protects your brand across multiple jurisdictions.
Access to Many Markets
Expands market reach by including a large number of member nations.
Reduced Language Barriers
Process simplification reduces language and translation barriers.
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Disadvantages of the Madrid Protocol
Dependency on Home Registration
Your international trademark registration is dependent on the registration in your home country, which can be problematic if your home registration is canceled.
Central Attack Risk
Trademark owners in member nations may contest your registration, perhaps resulting in legal fights.
Limited Coverage
The protocol only applies to member countries and requires separate registration in non-member countries.
Changes and Updates
Any changes to your home registration that affect your international registration must be reported immediately.
Varied Processing Times
Different countries have different processing times, which causes delays.
Costs and Translation
Fees and translation requirements can raise the final cost.
Vulnerability for 5 Years
Your registration is vulnerable to cancellation for five years if your home registration faces issues.
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Who can use the Madrid System?
If you are a national of any of the 130 countries covered by the Madrid System’s 114 members, or if you have a domicile or business in any of these countries, you can use the Madrid System.
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Basics of the Madrid System
Understanding the Madrid System begins with recognizing its streamlined process. It allows brand owners to apply for trademark protection in multiple international jurisdictions through one procedure, language, and set of fees. The system consists of the Madrid Agreement and the Madrid Protocol, covering 130 countries, including recent additions like Jamaica.
Eligibility for using the Madrid System requires being an individual or national of a member country. The Madrid System offers a simplified filing process, centralized administration, and the ability to extend geographical protection.
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Madrid Protocol trademark search
All you have to do is click “real-time search” and enter your international registration number. As a bonus, you may obtain comprehensive data on all trademarks registered using the Madrid System through “Monitor your Registration” and keep an eye on competitor companies’ trademarks.
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Cost Effective Trademark Registration
The cost savings associated with the Madrid System are significant. A single international application can result in cost savings of more than 40% when compared to national filings. The fees include a basic fee and additional fees for geographical coverage, modifications, or renewals. The streamlined approach allows for efficient communication in the applicant’s chosen language (English, French, or Spanish), further enhancing the system’s appeal.
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How much does an international trademark registration cost?
A base charge of 653 Swiss francs (or 903 francs for a color mark) Depending on where you wish to protect your mark and how many classes of products and services you want to cover, there may be additional fees (note: a 90% decrease applies if you are applying to the IP Office of a least-developed country).
You will be required to pay additional fees to change, renew, or extend the geographic scope of your international registration.
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Tools and Resources for Madrid Trademark Filing
Madrid System is equipped with various tools and resources to assist applicants. Tools like eMadrid facilitate filing and managing trademarks, while resources such as webinars, video tutorials, and case studies provide in-depth knowledge. All administration is streamlined and centrally filed, registered, renewed, and maintained, making the process user-friendly.
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Legal Aspects of Madrid Trademark Filings
Navigating the legal aspects of the Madrid System requires understanding its legal resources, forms, guidelines, and dispute resolution mechanisms. Anomalies exist in key territories such as the US, China, Brazil, Cuba, Japan, and Singapore. Despite challenges and inconsistencies, the Madrid System remains an essential and effective system for obtaining trademark rights internationally.
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International Trademark Registration Under Madrid System
The Madrid System stands as a testament to the evolution of international trademark protection. Its convenience, cost savings, and streamlined administration make it attractive for businesses and individuals seeking global reach. By understanding the Madrid System’s basics, cost structure, tools, resources, and legal aspects, applicants can make the most of this powerful system.
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Duration of Registration; Renewal of International Trademark Registration
The international registration remains effective for 10 years. You can renew it for further periods of 10 years by paying the prescribed fees. The International Bureau sends a reminder six months before the renewal is due to the holder and their representative (if any).
You may renew the international registration in respect of all the designated Contracting Parties or only some of them. However, the holder cannot renew it for only some of the goods and services recorded in the International Register. Therefore, if the holder wants to remove some of the goods and services from the international registration during renewal, they must request cancellation separately for those goods and services.
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Madrid Agreement
Madrid Protocol is essentially a modernized version of the Madrid Agreement, a system that was established more than a century ago. Since the Protocol supersedes the Agreement as of October 31, 2015, all parties to the Madrid Agreement are also parties to the Madrid Protocol, which now controls all international applications and registrations. The Agreement is no longer necessary because no operations are being carried out by it.
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The Future
The Madrid Protocol has been ratified by Brazil, Colombia, and Mexico, and since applications can be submitted in Spanish, it is hoped that more nations, particularly those in Central and South America, where Spanish is spoken in nearly all of them, will sign up.
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Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter.
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