The Madrid Protocol is an international treaty that simplifies the process of registering trademarks in multiple countries. It allows trademark owners to file a single application, in a single language, with one set of fees, to protect their marks in multiple countries.
But how many countries are actually covered by the Madrid Protocol? Let’s find out.
What is the Madrid Protocol?
The Madrid Protocol is an international treaty that was adopted in 1989 and came into effect in 1996. It is administered by the World Intellectual Property Organization (WIPO) and currently has 107 member countries.
How does it work?
Under the Madrid Protocol, a trademark owner can file an international application with their national trademark office or directly with WIPO. The application must be based on an existing trademark registration or application in the applicant’s home country.
Once the application is submitted, WIPO will examine it for formalities and then forward it to each of the countries designated by the applicant. Each designated country will then examine the application according to its own laws and procedures.
If the trademark is accepted for registration in a particular country, it will be protected for 10 years from the date of registration. The trademark owner must also renew their registration every 10 years if they wish to maintain protection.
How many countries are covered by the Madrid Protocol?
As of September 2021, there are 107 member countries of the Madrid Protocol. These include:
- United States
- China
- Japan
- Australia
- Russia
- South Korea
- Countries within European Union (EU)
The Benefits of Using The Madrid Protocol
The main benefit of using the Madrid Protocol is that it simplifies and streamlines the process of registering trademarks in multiple countries. It can save trademark owners time and money, as they only need to file one application instead of multiple applications in different countries.
Another benefit is that the Madrid Protocol provides a centralized system for managing international trademark registration. It also allows for greater flexibility in managing and renewing trademarks, as changes can be made to the international registration through a single application.
The Limitations of Using The Madrid Protocol
While the Madrid Protocol offers many benefits, there are also some limitations to using it. One limitation is that not all countries are members of the treaty. This means that trademark owners may still need to file separate applications in non-member countries.
Another limitation is that each designated country has its own laws and procedures for examining trademark applications. This means that an application may be rejected in one country but accepted in another, leading to additional costs and delays.
Conclusion
In summary, the Madrid Protocol is an international treaty that simplifies the process of registering trademarks in multiple countries. It currently has 107 member countries, including major economies such as the United States, China, Japan, and Australia. While there are some limitations to using the Madrid Protocol, it remains a popular option for trademark owners looking to protect their marks internationally.