WIPO, through its International Bureau, administers the Madrid Protocol together with the Madrid Arrangement (the two treaties forming the so-called Madrid System). When receiving an international application from an office of origin, it checks in particular that all the filing requirements are met and that the goods and services are correctly classified. If so, it registers the mark in the International Register and it publishes it in the International Gazette. The International Bureau then notifies the international registration to the offices of the designated countries. The International Bureau does not examine whether the mark as such qualifies for protection, or whether an identical or similar mark has already been registered; that is a matter for the offices of the designated countries.
Madrid Trademark Filing
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The Madrid Protocol gives trade mark owners the possibility of having their trademarks protected in several countries by simply filing one application directly with their own national or regional trademark office.
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Introduction
Madrid Trademark Filing
The Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks — the Madrid Protocol — is one of two treaties comprising the Madrid System for international registration of trademarks. The protocol is a filing treaty and not a substantive harmonization treaty. It provides a cost-effective and efficient way for trademark holders — individuals and businesses — to ensure protection for their marks in multiple countries through the filing of one application with a single office, in one language, with one set of fees, in one currency. Moreover, no local agent is needed to file the initial application.
While an International Registration may be issued, it remains the right of each country or contracting party designated for protection to determine whether or not protection for a mark may be granted. Once the trademark office in a designated country grants protection, the mark is protected in that country just as if that office had registered it.
The Madrid Protocol also simplifies the subsequent management of the mark, since a simple, single procedural step serves to record subsequent changes in ownership or in the name or address of the holder with World Intellectual Property Organization’s International Bureau. The International Bureau administers the Madrid System and coordinates the transmittal of requests for protection, renewals and other relevant documentation to all members.
Benefits
What are the advantages?
Speedy Procedure
It is observed that countries that have adopted the Madrid protocol go through a fast -track process i.e- high priority approval to their trademarks is given in comparison to the countries that have not adopted the Madrid protocol.
No Language Constraints
Under the Madrid Protocol, an applicant can opt for any of the three official languages used such as English, French, or Spanish. All three languages are widely spoken and accepted and hence provide flexibility to opt for the language among the member states as per the comfort of the applicant.
Cost-Effective And Convenient To File Trademarks
Madrid Protocol is formed in a way that eases the burden of multiple filing as mentioned above and paves the way for the efficient way of filing once and lack of multiple filing also leads to cutting down the expenditure of the applicant and hence this plays as one of the major factors for an applicant to opt for Madrid Protocol.
No Hiring Of Multiple Local Agents
With the help of a single filing system, the task to hire local agents in each country where the protection is to be sought is reduced. Under the system, one agent in the home country is enough for registration.
Process
Madrid Trademark Filing In Easy Steps
Document Checklist
Documents required to Madrid Trademark Filing
Application of Intetrnational TM
The application of the International Trademark registration should be attached with an application form
Power of Attorney
The applicant is not owner itself of the Trademark, then a Power of Attorney in favor of the person who is an applicant of International Registration application should be attached with the International application
Amount of handling
The amount of handling fees should be paid with the International application
Designation fee
The International Designation fee should be paid with the International application. The designated fees should be paid in Swiss Francs and is payable to the World Intellectual Property Organisation (WIPO).
Proof of TM Use
To claim specific user date, documentary proof such as invoices, registration certificates, etc. with the brand name should also be provided
MSME / Start-up Recognition
Partnership firm, body corporates (other than an individual) can provide a certificate of registration under MSME or Start-up India scheme to avail 50% rebate on the Government fee
Faq
Frequently Asked Questions (FAQ)
Since the EUIPO is the European Union office for the purposes of registering marks with effect across the whole of the European Union (EU), it is the point of contact for WIPO in all international application proceedings based on an EU trade mark or designating the EU. The EUIPO can act either as the office of origin if an international application is based on an EU trade mark or as the designated office if the EU has been designated in an international application originating elsewhere. The EUIPO’s role in the international system is similar to the role played by national offices.
