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Madrid Protocol |
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Background
The Madrid System for the International Registration of Marks provides a means to simultaneously seek protection for a trademark in a large number of countries. It is simple and time- and cost-effective.
Madrid Agreement
Formally called the Madrid Agreement Concerning the International Registration of Marks, it has, since April 14, 1891, allowed nationals of the countries who are members of the Agreement to protect their trademarks, whether for goods or for services, in any or all of the other member countries. This is done by means of a single international application filed in the home country (or country of origin), a designation of another country or countries, a minimum of formalities, and one fee. This results in only one registration, with one number and one renewal date.
Madrid Protocol
Nearly 100 years later, on June 27, 1989, a related treaty was also adopted in Madrid. It is called the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks. The Madrid Protocol and it retains the same basic purposes of the Madrid Agreement, but allows applications to be filed in French or English, while improving on the basic features of the Madrid Agreement.
Despite their many similarities, the Madrid Agreement and the Madrid Protocol are two separate treaties. Together, they form "the Madrid System" and have a set of Common Regulations for their administration.
As of September 2008, where two countries are members of both the Agreement and the Protocol, the Protocol applies in the those parties' mutual relations under the Madrid System. The Agreement is only applicable where either the country of origin or the designated country (or both) is bound only by the Agreement.
Click here for a list of member countries on the World Intellectual Property Organization's (WIPO's) website.
INTA's Position
The Association strongly supports the Madrid System and encourages governments of WIPO member countries to take all actions necessary to adhere to the Protocol. INTA supported the repeal of the safeguard clause, which gave primacy to the Protocol when both countries in a Madrid System transaction are adherents of both the Protocol and the Agreement.
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