International Trademark Registration
International trademark registration involves the process of protecting a trademark in multiple countries through a single application. The Madrid System and the Protocol Relating to the Madrid Agreement are two key mechanisms for international trademark registration. Here’s an overview of these systems:
Madrid System:
The Madrid System for the International Registration of Marks is administered by the World Intellectual Property Organization (WIPO). It allows trademark owners to file a single international application, known as an International Registration, in their home country’s trademark office (Office of Origin). This application can then be extended to multiple member countries
Key Steps:
- File a National Application: Start by filing a national trademark application in your home country.
- Submit an International Application: Once the national application is filed, you can submit an international application through the Madrid System.
- Designate Member Countries: Specify the countries where you seek protection. These countries must be members of the Madrid System.
- Examination by Designated Offices: The trademark offices of the designated countries examine the application according to their national laws.
Advantages:
Cost-Efficiency: Filing a single international application can be cost-effective compared to filing individual applications in each country.
Simplified Management: Changes and renewals can be managed centrally through the Madrid System.
Protocol Relating to the Madrid Agreement:
The Protocol is an extension of the Madrid System, and it provides additional features. It is particularly relevant for countries that are not parties to the Madrid Agreement.
Key Features:
- Flexible Filing: Allows for the filing of subsequent designations, i.e., the addition of new countries to an existing international registration.
- Individual Fees: Fees are calculated individually for each designated country.
- Central Attack: If the home country application is refused or canceled within five years, the entire international registration may be canceled.
Advantages:
- Flexibility: Offers more flexibility in managing and expanding international registrations.
- Access to More Countries: Some countries are parties to the Protocol but not the Madrid Agreement, so the Protocol provides access to those countries.
It’s important to note that international trademark registration involves complexities, and the protection granted in each designated country is subject to that country’s laws. It’s advisable to seek the assistance of trademark professionals or intellectual property attorneys who are well-versed in international trademark law for a successful registration process.