If you’re an individual or business looking to register your trademark internationally, you may have heard of the Madrid Protocol. This is an international treaty that allows for the filing of a single trademark application with the World Intellectual Property Organization (WIPO) to seek protection in multiple countries.
But who exactly can file a Madrid Protocol application? Let’s take a closer look.
What is the Madrid Protocol?
Before we dive into who can file a Madrid Protocol application, let’s quickly go over what it is. The Madrid Protocol is a treaty that was first signed in 1989 and went into effect in 1996.
It allows for the filing of a single international trademark application with WIPO, which can then be used to seek protection in any of the participating countries. As of 2021, there are over 120 countries that are members of the Madrid Protocol.
Who can file a Madrid Protocol application?
Not everyone is eligible to file a Madrid Protocol application. In order to do so, you must meet certain requirements:
- Be from a member country: You must be from a country that is a member of the Madrid Protocol. If your country is not yet a member, you will not be able to file an application.
- Have an existing trademark: Before you can file an international trademark application under the Madrid Protocol, you must already have an existing trademark application or registration in your home country.
If you meet these requirements, you can file an international trademark application through WIPO’s online portal or by mail.
Individuals and businesses
Both individuals and businesses can file an international trademark application under the Madrid Protocol. This includes:
- Individuals: If you’re an individual who owns a trademark, you can file an international trademark application in your own name.
- Businesses: If you own a business and have a trademark registered in your business’s name, you can file an international trademark application under your business’s name.
Trademark attorneys and agents
In addition to individuals and businesses, trademark attorneys and agents can also file international trademark applications under the Madrid Protocol on behalf of their clients. This is often the case when a company wants to seek protection in multiple countries but doesn’t have the expertise or resources to handle the process themselves.
Conclusion
In summary, if you’re from a member country of the Madrid Protocol and have an existing trademark, you may be eligible to file an international trademark application through WIPO. This includes both individuals and businesses, as well as trademark attorneys and agents who can file on behalf of their clients. Keep in mind that filing an international trademark application can be a complex process, so it’s always best to seek the advice of a legal professional before proceeding.