The Madrid Protocol is an international treaty that simplifies the process of filing trademark applications across multiple countries. This protocol was adopted in Madrid, Spain in 1989, and since then, it has been signed by more than 120 countries worldwide. This article will take a closer look at the countries covered by the Madrid Protocol.
What is the Madrid Protocol?
The Madrid Protocol is an international agreement that allows a trademark owner to file a single application with their national trademark office to protect their mark in any of the participating countries. This simplifies the process for businesses and individuals looking to expand their brand globally.
What Countries are Covered by the Madrid Protocol?
As of August 2021, there are 107 member countries under the Madrid Protocol. These countries include:
- United States
- Canada
- Australia
- Japan
- Singapore
- South Korea
- Russia
- Brazil
- Mexico
- India
These member countries cover a significant portion of global trade and commerce, making it easier for businesses to protect their intellectual property rights across different regions.
How Does the Madrid Protocol Work?
Under the Madrid Protocol, a trademark owner can file an application with their national trademark office (known as “Office of Origin”) and request protection in one or more member countries. The Office of Origin then reviews and certifies the application before forwarding it to the International Bureau of the World Intellectual Property Organization (WIPO) in Geneva.
Once the application is received by WIPO, it is examined to ensure compliance with the Madrid Protocol’s requirements. If approved, WIPO will then publish the mark in the International Trademark Gazette and notify each designated country’s trademark office.
Each designated country has up to 18 months to either grant or refuse protection. If protection is granted, the mark will have the same legal effect as if it had been filed directly with that country’s trademark office. If refused, the trademark owner can choose to pursue national registration in that country.
Conclusion
The Madrid Protocol simplifies the process of protecting trademarks across multiple countries and makes it easier for businesses to expand their brand globally. With over 100 member countries, trademark owners have a wide range of options for international protection.