Who Can File Madrid Application?
The Madrid System for the International Registration of Marks is a convenient and cost-effective way for trademark owners to protect their trademarks in multiple countries. Understanding who can file a Madrid application is essential for anyone considering using this system.
What is the Madrid System?
The Madrid System is a treaty-based international trademark registration system administered by the World Intellectual Property Organization (WIPO). It allows trademark owners to seek protection for their marks in multiple member countries by filing a single international application.
Who can use the Madrid System?
The Madrid System is available to individuals, companies, or legal entities that have a connection with one of the member countries. There are currently 108 member countries, including major economies like the United States, European Union, China, and Japan.
To be eligible to file a Madrid application, you must meet one of two criteria:
- 1. Be a national or domiciled in a member country: If you are an individual or legal entity with nationality or domicile in a member country, you can use the Madrid System.
For example, if you are based in Germany, which is a member country, you can file an international application through the German Patent and Trademark Office.
- 2. Have an industrial or commercial establishment: If you have an industrial or commercial establishment in one of the member countries, even if it’s not your home country, you may still qualify to use the Madrid System. For instance, if your company has an office in France but is headquartered in Australia (a non-member country), you can file an international application through the Australian Intellectual Property Office.
Exceptions:
While the Madrid System is open to a wide range of applicants, there are a few exceptions to keep in mind. The Madrid System does not accept applications from individuals or entities that are:
- Stateless: Individuals or entities without nationality or domicile in a member country cannot use the Madrid System.
- Not connected with a member country: If you have no industrial or commercial establishment in any of the member countries, you cannot file through the Madrid System.
- From a non-member country: Nationals and domiciliaries from non-member countries cannot use the Madrid System directly. However, they can still seek protection through the system if they meet one of the two criteria mentioned above (e.g., by establishing an industrial or commercial establishment in a member country).
In conclusion
The Madrid System provides a streamlined process for trademark owners to protect their marks internationally. Eligible individuals, companies, and legal entities with a connection to one of the member countries can file an international application and enjoy the benefits of international trademark registration.
By understanding who can file a Madrid application, you can take advantage of this efficient system and expand your trademark protection globally.