What Is Contracting Parties Madrid Protocol?

By Robert Palmer

The Madrid Protocol is an international treaty that allows trademark owners to seek protection for their marks in multiple countries by filing a single application. The contracting parties of the Madrid Protocol are the countries that have agreed to abide by the provisions of the treaty.

What is the Madrid Protocol?

The Madrid Protocol, also known as the Madrid System, is an international treaty that simplifies the process of obtaining trademark protection in multiple countries. It was adopted in 1989 and came into effect in 1996. The treaty is administered by the International Bureau of the World Intellectual Property Organization (WIPO).

How does it work?

Under the Madrid Protocol, a trademark owner can file a single application with their national intellectual property office (IP Office) to seek protection for their mark in multiple countries. The IP Office then forwards the application to WIPO, which examines it and publishes it in its gazette.

If no objections are raised within a certain period, which may vary depending on each country’s laws and regulations, the mark is granted protection in all designated countries. Importantly, this means that if there are any issues with the application or objections raised by one country, it will not necessarily affect protection granted in other countries.

Who are the contracting parties?

As of 2021, there are currently 107 contracting parties to the Madrid Protocol. These include major economies such as China, Japan, and the United States as well as many developing nations.

Benefits of joining

Joining the Madrid Protocol provides several benefits for contracting parties. Firstly, it simplifies and streamlines trademark registration processes for both local and foreign applicants. This can attract foreign investment and facilitate cross-border trade.

Additionally, being part of this international system can help ensure consistency and harmonization of trademark laws across different jurisdictions through regular meetings between member states.

Conclusion

In conclusion, the Madrid Protocol is an international treaty that simplifies the process of obtaining trademark protection in multiple countries. The contracting parties are the countries that have agreed to abide by the provisions of the treaty. Joining the Madrid Protocol provides several benefits for countries, including simplifying trademark registration processes and promoting consistency in trademark laws across different jurisdictions.