What Does the Madrid Protocol Protect?

By Michael Ferguson

The Madrid Protocol is an international treaty that provides a streamlined process for trademark registration in multiple countries. It allows businesses and individuals to file a single application with the World Intellectual Property Organization (WIPO) to register their trademark in multiple countries.

But what exactly does the Madrid Protocol protect? Let’s take a closer look.

What is a Trademark?

Before we dive into the details of the Madrid Protocol, let’s first define what a trademark is. A trademark is a symbol, word, or phrase that identifies and distinguishes goods or services from those of other businesses. It serves as a badge of origin and helps consumers identify products they trust and want to purchase.

The Madrid Protocol

The Madrid Protocol was adopted in 1989 and entered into force in 1996. It currently has 107 member countries, including the United States, China, Japan, Australia, and most European countries. The protocol provides several benefits for trademark owners looking to protect their brand internationally.

Centralized Application Filing

Under the Madrid Protocol, businesses can file an international trademark application with WIPO instead of filing separate applications in each country they wish to protect their brand. This reduces paperwork and administrative costs significantly.

Cost Savings

Filing an international application under the Madrid Protocol can be less expensive than filing separate applications in each country because it eliminates many of the fees associated with filing multiple applications.

Flexibility

The Madrid Protocol allows businesses to add new countries to their existing international registration at any time after filing the initial application. This means that companies can expand into new markets as they grow without having to file additional applications.

Protection from Infringement

Trademarks registered under the Madrid Protocol are protected from infringement in all member countries. This means that if someone tries to use a similar mark to sell goods or services that are the same or similar to those covered by your trademark, you can take legal action to stop them.

Conclusion

In conclusion, the Madrid Protocol provides a cost-effective and streamlined way for businesses and individuals to protect their trademarks in multiple countries. By filing a single application with WIPO, trademark owners can save time and money while ensuring that their brand is protected from infringement in all member countries.