What is the Madrid Protocol?
The Madrid Protocol is a cost-effective and fitting means to manage and register a trademark internationally. It is administered by the World Intellectual Property Organization (WIPO) and makes protecting a trademark in up to 130 countries possible through international trademark registration.Benefits of the Madrid System
Convenience
Applicants only need to file a single international trademark application in 1 language and pay 1 set of fees in 1 currency to apply for protection of brands in multiple countries at the same time. An international trademark portfolio can then be managed centrally and digitally via WIPO, making it a highly convenient method for registration, management, and expansion.Cost-Saving
Trademark registration can be costly when performed across various jurisdictions. Filing internationally through the Madrid System allows you to save time and money as opposed to several national or regional trademark applications that require translations and representatives.Supports Business Expansion
You can register your trademark to get protection in any of the territories that the Madrid System covers, or even all of them. They represent up to 80% of world trade. This means that it is the perfect support for companies that wish to expand internationally quickly.Centralised Management
If you have many trademarks registered, it can seem daunting to manage all of them at once. The Madrid Protocol allows you to do so easily by overseeing it via WIPO, a single system that offers features such as trademark renewal, ownership changes, and updates to trademark details.Legal Certainty
When it comes to protecting your intellectual property, having a robust legal system is critical. The Madrid Protocol sets out and provides a clear and standardised framework for international trademark protection, reducing the risk of legal disputes, such as Apple’s and Louis Vuitton’s.Uniform Protection
You can be assured of consistent protection across all designated member countries, reducing the risk of discrepancies in trademark rights. This also helps to supplement the legal certainty of your registered trademarks.Who Can Use the Madrid System
You can use the Madrid System if you:- Are a national of any of the 131 countries covered by the Madrid System’s 115 members
- Have a domicile in any of the above countries
- Have a business in any of the above countries
Filing an International Trademark Application via the Madrid Protocol
There are 3 basic steps when filing an application for international trademark registration via the Madrid Protocol. They are:| Steps | Details |
| Step 1 |
Ready and submit your application for the international trademark registration using the “Madrid Application Assistant”, available through their digital gateway, eMadrid, after completing national or regional trademark registration through your Office of origin.
Your Office of origin will ascertain whether your international application corresponds to the particulars of your basic mark, certify the application and send it to WIPO. |
| Step 2 | WIPO conducts a formal examination to check that your international trademark application complies with all formal requirements, such as sufficient contact details, designation of at least 1 Madrid System member, quality of images, and payment of fees.
For non-compliant applications, an irregularity notice will be sent to you and your Office of origin to explain how to rectify it within a time limit of typically 3 months. After ensuring compliance, the mark will be registered in the International Register and published in the WIPO Gazette of International Marks. You will also receive a Certificate of Registration and the members where you seek protection will be notified. |
| Step 3 | A substantive examination will be conducted by the IP Office of each designated Madrid System member. Each office must provide or refuse protection within a given time limit of typically either 12 or 18 months from the date of notification. Their decisions will be sent to WIPO and you will be notified.
The International Register will also be updated accordingly. |
Madrid System Application Tips
There are several tips that you can consider during your application. They include:- Appointing at least 1 Madrid System member
- Checking that the information imported from your national trademark registration is correct. You should adjust or add any missing details such as your email address or representative details wherever necessary
- Check and if required, adjust the imported list of goods and services to be covered by your international trademark registration. The list can be narrower than that covered by your national trademark registration, but not broader. If you want to obtain international protection in additional classes of goods and services, you must file a new national application first
- Provide a quality copy of the image of your trademark. This must be the same as the representation used in your basic application or registration
Get Peace of Mind Filing Your International Trademark
Partnering with an experienced service provider like InCorp allows you to streamline the process of filing your international trademark with confidence. Our team of experts ensures that your application meets all legal requirements, saving you time and reducing errors that could delay protection for your brand. With professional guidance and support, securing international trademark coverage becomes a straightforward and hassle-free process. Protect your brand globally and trust us to handle the complexities for you. Contact our friendly team to find out more!FAQs about Madrid Protocol
Which countries are covered by the Madrid Protocol?
- Some countries include Singapore, Thailand, the Philippines, China and Japan.
What is the difference between the Paris Convention and Madrid Protocol?
- The Paris Convention and the Madrid Protocol are both international agreements related to intellectual property (IP), but they serve different purposes and operate in distinct ways. For example, the costs associated with the former can be higher due to separate filings and separate applications for different countries.
What are the Madrid Protocol fees?
- There are several fees related to a Madrid System application, such as the basic fee and additional fees where applicable. Contact our team to find out more key information!
We’re here to help you file your international trademark with ease
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