The Madrid Agreement For Trademark

In 1966 and 1967, an attempt was made to tackle this problem by creating a new treaty that would reflect the needs of the time and not the world of the 1890s, when the agreement was adopted. This led to the drafting of the Trademark Registration Treaty (TRT), adopted in Vienna in 1973 and entered into force in 1980 with five Contracting States, namely Burkina Faso, Congo, Gabon, the Soviet Union and Togo. In the absence of new accessions to the TRT and the low number of registrations recorded since its introduction, it was clear that the TRT was unlikely to replace the Madrid Agreement. As we approach the introduction of a European multi-legal (or at least pan-European) Community trade mark (GM), the relevance of the Madrid system has been put to the test. The pressure on WIPO to maintain its relevance and strengthen the agreement by increasing the number of members, possibly through amendments. This culminated in the introduction of the Madrid Protocol, according to which the registration of the Community trade mark could be a `foundational registration` or `origin`, on the basis of which an international registration could be established. This mechanism is called “interconnection determination”. The Protocol was signed by many countries as a result of significant lobbying efforts by WIPO, including most of the current members of the Madrid Agreement and some countries that were members of the European Union but were not members of the Madrid Agreement. The Protocol entered into force on 1 December 1995 and entered into force on 1 April 1996. Two important developments in international trademark law were the accession of the United States and the European Union to the Madrid Protocol on November 2, 2003 and October 1, 2004 respectively. With the inclusion of these jurisdictions in the protocol, most of the major commercial jurisdictions have joined the Madrid system. The cost of an international trademark includes the basic fee (653 francs; or 903 francs for a color mark*) as well as additional fees depending on where you want to protect your trademark and the number of categories of goods and services covered by your registration.

Compliance with the Convention or Protocol implies accession to the “Madrid Union”. As of June 2019 [Update], there will be 104 members from 120 countries. The original treaty has 55 members, all of whom are parties to the protocol (when Algeria acceded to the Madrid Protocol on 31 October 2015, all members of the Madrid Agreement were also members of the Madrid Protocol and many aspects of the Madrid Agreement no longer had practical effect). The term “Madrid Union” can be used to describe legal systems that are either parties to the Agreement or to the Protocol (or both). [4] Before filing an international application, you need to know if identical or similar trademarks already exist in your target markets. Use this guide to learn how to browse WIPO`s Global Trademark Database before filing your application, as well as how to find the trademark registers of national and regional trademark offices. Many countries have had to amend or consider their trademark laws to comply with the Protocol, in addition to the changes requested by GATT-TRIPS/WTO. The Madrid System supports you throughout the life cycle of your brand, from registration to extension. Use these instructions to learn more about how you search for existing marks before applying for protection, how to file an international application, and how to manage your international trademark registration. Madrid`s customer service is at your disposal to answer your questions and guide you through Madrid`s brand transactions and services. The Madrid system offers a centrally managed system for obtaining a set of trademark registrations in separate jurisdictions..

. . .