How Do I File a Trademark Under Madrid Protocol?

By Alice Nichols

If you’re looking to file a trademark under the Madrid Protocol, there are a few things you need to know. The Madrid Protocol is an international treaty that allows you to apply for trademark protection in multiple countries with just one application.

Step 1: Determine Your Eligibility
First and foremost, you need to determine whether you’re eligible to file a trademark under the Madrid Protocol. To do this, you must have a connection to a country that is part of the treaty. This can be done either through citizenship, residency or through a business presence in one of these countries.

Step 2: Conduct Trademark Searches
Before filing your application, it’s important that you conduct thorough trademark searches. This includes both national and international searches to ensure that your mark doesn’t infringe on any existing trademarks. You can use various online tools and resources for conducting searches or hire a professional attorney specialized in intellectual property law.

Step 3: File Your Application
Once you’ve determined your eligibility and conducted your searches, it’s time to file your application. You can file your application online or through paper form with the trademark office of your country of origin.

Key Components of Your Application

When filing for a trademark under the Madrid Protocol, there are several key components that must be included in your application:

  • Your personal information or business details such as name and address
  • The details of your trademark including the name and description of the product or service being offered
  • A clear graphical representation of the trademark itself (in JPEG format)
  • A list of all countries where protection is being sought

Costs Involved In Filing A Trademark Under The Madrid Protocol

Filing fees associated with Madrid Protocol applications vary depending on various factors like number of classes, countries to be covered and the nature of your business. Additionally, each country will charge separate fees for reviewing and approving your application.

Step 4: Wait For Your Application To Be Reviewed

Once you’ve filed your application, it can take several months for it to be reviewed by the trademark office in each of the countries you’ve applied to. During this time, the offices will review your application and determine if there are any issues that need to be addressed before granting protection.

Conclusion

Filing a trademark under the Madrid Protocol can be a complex process. But with proper research, preparation and an experienced attorney specialized in intellectual property law, you can successfully protect your brand across multiple countries with one application. Remember to conduct thorough searches, file for protection in all relevant countries and be prepared for a potentially lengthy wait time as your application is reviewed.