Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to the Madrid Agreement (often collectively referred to as the Madrid System) form a globally recognized system for facilitating the registration of trademarks in multiple jurisdictions around the world. Administered by the World Intellectual Property Organization (WIPO), the Madrid System allows a trademark owner to seek protection in up to 128 countries (as of April 2023) through a single application filed with their national or regional trademark office.
Madrid Agreement
Madrid Agreement was concluded in 1891 and has been revised several times. It established the first international system for the registration of trademarks. Under the Agreement, a trademark owner from a member country can file an application through their national office to protect their trademark in any of the other member countries, streamlining the process of obtaining international trademark protection.
Madrid Protocol
Recognizing the need for a more flexible and user-friendly system, the Protocol Relating to the Madrid Agreement was adopted in 1989 and entered into force in 1996. The Protocol introduced several significant improvements and options not available under the Agreement, such as the ability to file the international application in English (in addition to French, which was the only language allowed under the Agreement) and to pay fees in Swiss francs, euros, or U.S. dollars. Moreover, the Protocol allows for the international registration to be based on either a national application or a national registration, giving applicants more flexibility.
Features of the Madrid System
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Single Application:
Applicants can file a single application in one language and pay one set of fees to apply for trademark protection in multiple countries.
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Centralized Management:
After registration, changes such as a change in ownership or in the name or address of the holder can be recorded centrally with WIPO and will automatically apply to all designated member countries.
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Cost-Effectiveness:
The system is cost-effective for applicants seeking protection in multiple countries, as it reduces the need for direct filings in each country.
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Duration and Renewal:
An international registration under the Madrid System is valid for 10 years and can be renewed directly through WIPO for additional 10-year periods.
Advantages of the Protocol Over the Agreement
Madrid Protocol offers several advantages over the Madrid Agreement, which have made it the preferred route for international trademark registration:
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Broader Membership
More countries have joined the Protocol, which means a wider geographical reach for trademark protection.
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Flexibility in Language and Currency
The Protocol’s flexibility regarding the language of the application and currency of payment makes it more accessible to a broader range of applicants.
- Security
The Protocol has provisions that offer more security to the holder, such as the safeguard against the loss of protection in all designated countries if the basic application or registration is withdrawn, refused, or canceled in the first five years.