Protection Of Trademark Under Madrid Agreement 1891

The Madrid protocol can be “one-stop shopping” for a global registration and maintenance program. The use of the Madrid Protocol should be taken into consideration to ensure rapid protection, comprehensive protection or sites with low local representation. In order to protect wider trademarks, local trademark ownership, brands that anticipate changes over time or protection in third countries, consideration should be given to the use of other registration systems. It is important to properly analyze the appropriate enforcement and protection strategy for your company`s brands with advice. The accession of the United States and the European Union to the Madrid Protocol, on 2 November 2003 and 1 October 2004 respectively, was one of the two major innovations in international trademark law. With the inclusion of these jurisdictions in the protocol, most major commercial areas have joined the Madrid system. If WIPO finds that a correction is necessary due to irregularities in the application, it will report it properly. These adjustments must be made within three months of the date of notification. Madrid`s protection only lasts for a period of five years and, if the basic application ceases to influence the five-year course, it must be notified to WIPO. The Madrid system provides a mechanism for a trademark holder who has an existing trademark application or registration in a Member State (“basic application” or “basic registration”) in a Member State to receive an “international registration” for its trademark from WIPO. The trademark holder can then extend the protection of international registration to one or more member courts, a procedure called “denomination.” A useful feature of the Madrid system is that this protection can normally be extended at any time to other jurisdictions, so that international trademark protection can be extended to new legal systems that will later join Madrid or other legal systems such as those which the trademark holder may choose. Since there is only one international registration number per trademark, if the applicant is required to make a name change, all that is required is an application and a fee through the applicant`s trademark office.

International registration requires only an extension, which saves the cost of the procedure and the registration fee. The Madrid agreement had some shortcomings, such as language restrictions; the basic registration was cancelled within five years of registration.

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