If you’re planning to expand your business on a global scale, you might have considered filing for an international trademark registration under the Madrid Protocol. This treaty allows trademark owners to protect their brand in multiple countries by submitting a single application through the World Intellectual Property Organization (WIPO). However, before you start the process, it’s essential to know how long it takes for your Madrid Protocol application to be processed.
What is the Madrid Protocol?
The Madrid Protocol is an international treaty that simplifies the process of trademark registration across multiple countries. It was adopted in 1989 and has been ratified by over 100 countries worldwide. Under this treaty, you can file a single application with WIPO, which will then forward it to the trademark offices of the countries where you want protection.
How long does it take for a Madrid Protocol application to be processed?
The answer to this question varies depending on several factors. Generally speaking, the timeframe for processing a Madrid Protocol application can range from several months to a few years.
Examination by WIPO
Once you submit your application through WIPO’s online system, it will undergo an initial examination by WIPO within two or three working days. During this stage, WIPO will check that your application meets all formal requirements and ensure that your payment has been received.
If there are any deficiencies or objections in your application, WIPO will issue an irregularity notice requesting further information or documents within two months. You must respond promptly within these two months; otherwise, your application may be deemed abandoned.
If there are no irregularities found in your application, WIPO will certify and register it within twelve months from the filing date. You’ll receive a notification of registration as well as an international registration number (IRN), which is used to track your trademark across different jurisdictions.
Examination by National Trademark Offices
After WIPO registers your application, it will be forwarded to the trademark offices of the countries you’ve designated for protection. These offices will then examine your application based on their national laws and procedures.
The timeframe for examination by national trademark offices varies depending on the country. Some countries may take a few months to complete their examination, while others may take up to two years.
If there are any objections or oppositions raised by third parties during the examination process, you may need to respond promptly within a specified period. Failure to do so may result in your application being refused or canceled.
Conclusion
In conclusion, the Madrid Protocol is an excellent option for businesses looking to protect their trademarks across multiple countries. However, it’s essential to understand that the timeframe for processing a Madrid Protocol application can vary widely depending on several factors. You should also be prepared for additional costs and requirements during the examination process by national trademark offices.
To ensure that your Madrid Protocol application is processed quickly and efficiently, it’s advisable to seek legal advice from a qualified intellectual property attorney who has experience in international trademark registration. With proper planning and guidance, you can successfully expand your brand globally under the Madrid Protocol.