The Madrid Protocol and the Madrid Agreement are two international treaties that provide a framework for the registration of trademarks in multiple countries. The primary goal of both agreements is to simplify the process of trademark registration and reduce costs for businesses that want to protect their intellectual property rights in multiple countries.
What Is the Madrid Protocol?
The Madrid Protocol is a treaty that was adopted in 1989 and came into force in 1996. It allows trademark owners to file a single application with their national trademark office, which can then be used to seek protection in any of the member countries. As of 2021, there are 107 member countries, including major economies such as the United States, China, Japan, and most European countries.
Advantages of the Madrid Protocol
One significant advantage of the Madrid Protocol is that it simplifies the process of filing for trademark protection in multiple countries. Instead of having to submit separate applications to each country’s trademark office, businesses can file one application with their national office and choose which member countries they want protection in.
Another advantage is cost savings. Filing separate applications for each country can be expensive due to translation fees and other administrative costs. The Madrid Protocol allows businesses to save money by filing one application with their national office.
What Is the Madrid Agreement?
The Madrid Agreement is an older treaty that was signed in 1891. It established a similar system for international trademark registration as the Madrid Protocol but has some key differences. There are currently only 11 member countries, including Russia, Spain, and Mexico.
Differences between Madrid Protocol and Madrid Agreement
One significant difference between these two treaties is that under the Madrid Agreement, applicants must have a “connection” with one of the member countries before they can seek protection there. This means they need to be a resident or have a commercial establishment within one of those countries.
Another difference is that under the Madrid Agreement, there is no central database that lists all international trademark registrations. Instead, each member country maintains its own register of international trademarks.
Conclusion
In summary, the Madrid Protocol and the Madrid Agreement are two international treaties that provide a framework for trademark registration in multiple countries. The Madrid Protocol is newer and has more member countries, making it the more widely used system.
However, the Madrid Agreement may be useful for businesses that have a connection with one of its member countries but not with any of the members of the Madrid Protocol. Regardless of which system a business chooses to use, both agreements can simplify and reduce costs associated with international trademark registration.