The Madrid Protocol 1991 is an international treaty that simplifies the process of registering trademarks across multiple countries. It was adopted on April 14, 1994, and entered into force on December 1, 1995. The protocol is administered by the International Bureau of the World Intellectual Property Organization (WIPO) in Geneva, Switzerland.
What Is a Trademark?
Before we dive into the details of the Madrid Protocol, it’s important to understand what a trademark is. A trademark is any sign or symbol that distinguishes the goods or services of one company from those of another. This can be a word, phrase, logo, or combination thereof.
Why Was the Madrid Protocol Created?
The Madrid Protocol was created to simplify and streamline the process of registering trademarks across multiple countries. Prior to its adoption, businesses had to file separate trademark applications in each country where they wanted protection. This could be time-consuming and expensive.
How Does the Madrid Protocol Work?
Under the Madrid Protocol system, a business can file a single application with WIPO to register its trademark in multiple countries. This application is called an International Registration (IR). The IR must be based on an existing national or regional trademark application or registration in the applicant’s home country (known as the “basic application” or “basic registration”).
Once WIPO receives an IR application, it reviews it for completeness and forwards it to each country where protection is sought (known as “designated countries”). Each designated country then has 12-18 months to examine and approve or reject the IR based on its own national laws and regulations.
If a designated country approves the IR, it will be granted protection for the same period as if it had been registered separately in that country. If however any designated country rejects it then it won’t be granted protection there.
Advantages of the Madrid Protocol
The Madrid Protocol offers several advantages to businesses seeking to protect their trademarks globally. Here are a few of the key benefits:
- Cost savings: Filing a single IR application can be significantly cheaper than filing separate trademark applications in each country where protection is sought.
- Simplicity: The Madrid Protocol simplifies the process of registering trademarks across multiple countries, making it easier for businesses to expand globally.
- Efficiency: WIPO’s centralized system for managing IR applications and designations streamlines the entire process, reducing the time and resources needed to obtain trademark protection in multiple countries.
Conclusion
In conclusion, the Madrid Protocol is an international treaty that simplifies and streamlines the process of registering trademarks across multiple countries. It offers numerous advantages to businesses seeking to protect their trademarks globally, including cost savings, simplicity, and efficiency. If you’re considering expanding your business internationally, the Madrid Protocol is definitely something you should consider.
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The main purpose of the Madrid Protocol is to simplify and streamline the process of obtaining trademark protection in multiple countries.
