Is Hong Kong Part of the Madrid Protocol?

By Anna Duncan

Have you ever wondered whether Hong Kong is a part of the Madrid Protocol? The answer is yes, it is! The Madrid Protocol is an international treaty that allows companies and individuals to register their trademarks in multiple countries through a single application process.

What is the Madrid Protocol?

The Madrid Protocol was adopted in 1989 and came into force in 1996. It provides a centralized system for registering trademarks in multiple countries, which can save time and money for businesses. The system is administered by the World Intellectual Property Organization (WIPO), which is an agency of the United Nations.

How does the Madrid Protocol work?

Under the Madrid Protocol, an applicant can file a single application with WIPO to register their trademark in multiple countries that are members of the treaty. The application must be based on an existing trademark registration or application in the applicant’s home country or region (known as the “basic application” or “basic registration”).

Once the application is filed, WIPO will review it to ensure that it meets all of the requirements for international registration. If approved, WIPO will then forward the application to each of the countries where protection is sought. Each individual country will then review and process the application according to its own laws and procedures.

Is Hong Kong a member of the Madrid Protocol?

Yes, Hong Kong became a member of the Madrid Protocol on January 1, 1996. This means that companies and individuals can use the Madrid System to protect their trademarks in Hong Kong by filing a single international application with WIPO.

It’s important to note that although Hong Kong is part of China, it has its own separate legal system and intellectual property laws. This means that trademarks registered under Chinese law do not automatically have protection in Hong Kong, and vice versa.

Conclusion

In conclusion, Hong Kong is indeed a member of the Madrid Protocol. This provides a convenient and cost-effective way for companies and individuals to protect their trademarks in multiple countries, including Hong Kong. By filing a single international application with WIPO, applicants can avoid the need to file separate applications in each individual country where they seek protection.