Madrid Trade Mark System

The international procedural mechanism of the Madrid Trade Mark System, also knows as the Madrid Protocol, allows trademark owners to gain protection for their mark in the states party to the Madrid Union, by the filing of a single application at a national or regional trademark office.

After making a home application, an international application can be made (in English or French) to the World Intellectual Property Organisation (WIPO) seeking registration in designated member states. The mark will then be registered for a period of 10 years in each designated state, unless a state objects under its national law within 18 months, as if the application had been made directly to the trademark office of the individual states.

Registrations obtained from the Madrid System remain dependent on the home registration for a period of 5 years. In that time the registration is vulnerable to 'central attack', in that if the home registration is invalidated within the 5 years, all consequential registrations obtained through the Madrid System are invalidated as well.

As filing, renewal and recording of transactions can all be affected in a single application by the Madrid System, there is a large potential for reducing costs.

Members of the Madrid Union

Albania, Algeria, Antigua and Barbuda, Armenia, Australia, Austria, Azerbaijan, Bahrain, Belarus, Belgium, Bhutan, Bosnia and Herzegovina, Botswana, Bulgaria, China, Colombia, Croatia, Cuba, Cyprus, Czech Republic, Democratic People's Republic of Korea, Denmark, Egypt, Estonia, European Community, Finland, France, Georgia, Germany, Ghana, Greece, Hungary, Iceland, India, Iran, Israel, Ireland, Italy, Japan, Kazakhstan, Kenya, Kyrgyzstan, Latvia, Lesotho, Liberia, Liechtenstein, Lithuania, Luxembourg, Madagascar, Mexico, Republic of Moldova, Monaco, Mongolia, Montenegro, Morocco, Mozambique, Namibia, Netherlands, New Zealand, Norway, Oman, Philippines, Poland, Portugal, Republic of Korea, Romania, Russian Federation, Rwanda, San Marino, Sao Tome and Principe, Serbia, Sierra Leone, Singapore, Slovakia, Slovenia, Spain, Sudan, Swaziland, Sweden, Switzerland, Syrian, Arab Republic, The former Yugoslav Republic of Macedonia, Tajikistan, Tunisia, Turkey, Turkmenistan, Ukraine, United Kingdom, United States of America, Uzbekistan, Vietnam, Zambia

Total (92 States)

 

© 2018 Wilson Gunn