The Madrid Agreement is an international treaty that aims to simplify the procedure of registering trademarks across different countries. It was first signed in Madrid, Spain in 1891 and has since undergone several revisions. Today, it governs the international registration of trademarks and is recognized by more than 100 countries worldwide.
Who Governs the Madrid Agreement?
The Madrid Agreement is governed by the World Intellectual Property Organization (WIPO), which is a specialized agency of the United Nations. WIPO was established in 1967 with the aim of promoting intellectual property rights and encouraging creativity on a global level.
Under the Madrid Agreement, WIPO oversees the administration of international trademark registrations. It maintains a database known as the International Register, which contains information about all trademarks registered under the agreement. The International Register makes it easier for businesses to protect their trademarks globally by providing a single application process that can cover multiple countries.
Functions of WIPO under the Madrid Agreement
WIPO performs several functions under the Madrid Agreement:
Processing Applications
WIPO receives and processes applications for international trademark registration. It examines each application to ensure that it meets all the necessary requirements, such as payment of fees and submission of required documents.
Publication
Once an application is accepted, WIPO publishes it in its official gazette known as “International Trademarks.” This publication notifies national trademark offices around the world about the new registration.
Managing Renewals
WIPO also manages renewals for international trademark registrations. Trademarks registered under the Madrid Agreement have a validity period of ten years, after which they must be renewed to remain valid.
Dispute Resolution
In addition to these administrative functions, WIPO also provides dispute resolution services for trademark disputes that arise under the Madrid Agreement. Its Arbitration and Mediation Center offers mediation and arbitration services to help parties resolve disputes in a timely and cost-effective manner.
Conclusion
In summary, the Madrid Agreement is an international treaty that simplifies the process of registering trademarks across multiple countries. It is governed by the World Intellectual Property Organization (WIPO), which performs several functions such as processing applications, publishing registrations, managing renewals, and providing dispute resolution services. WIPO’s role in administering the Madrid Agreement has made it easier for businesses to protect their trademarks globally and has contributed to the growth of international trade.