The Madrid System is a globally recognised framework designed to simplify the process of protecting trademarks across multiple countries. By harmonizing international intellectual property (IP) legislation with domestic laws, it offers businesses a streamlined and efficient path to secure their brand on a global scale.
The Evolution of the Madrid System
The Madrid System traces its origins to the Madrid Agreement of 1891, which laid the groundwork for international trademark protection. Over the decades, it has been refined through amendments and conventions held in cities like Brussels, Washington, The Hague, London, Nice, and Stockholm from 1900 to 1979.
To improve flexibility and align the system with varying legal frameworks worldwide, the Madrid Protocol was introduced. This addition makes it easier for countries with differing legislative requirements to participate and ensures greater accessibility for applicants.
Before the Madrid System, businesses faced the daunting task of filing separate applications for each country, requiring translations and compliance with differing regulations. The Madrid System eliminates this complexity, allowing for a single international registration that spans multiple jurisdictions.
How the Madrid System Works
Step 1: Start at Your Local Trademark Office
To use the Madrid System, applicants must first register their mark with their office of origin—the trademark office in their home country or region. In the UK, for example, this involves submitting a standard application to the Intellectual Property Office (IPO).
- Application Requirements: Details about the trademark, the classes of goods/services it covers, and the required fee (starting at £170 online, with an additional £50 per extra class).
- Review Process: The IPO reviews the application for conflicts with existing marks and publishes it in the trademarks journal for a two-month opposition period. This opposition period may be extended by one month. If unopposed, the mark is registered.
Step 2: File an International Application
Once registered locally, the applicant can file an international application via their office of origin, designating the countries (or contracting parties) where protection is sought. This application is forwarded to the International Bureau of the World Intellectual Property Organization (WIPO).
- Languages: Applications can be submitted in English, French, or Spanish (depending on office of origin restrictions).
- Fees: These include a basic fee (10% of the amount prescribed by the office of origin), a supplementary fee for additional trademark classes beyond the first three, and a complementary fee for each designated contracting party.
Step 3: WIPO Examination and Notification
WIPO examines the application for compliance with the Madrid Protocol and related regulations. If approved:
- The mark is published in the International Register and the WIPO Gazette of International Marks.
- Designated countries are notified of the registration.
Each country’s trademark office then has up to 18 months to grant or refuse protection. Refusals are recorded in the International Register and can be appealed. If no refusal is issued, or a refusal is later withdrawn, the mark enjoys full protection in the designated countries.
Benefits of the Madrid System
The Madrid System provides numerous benefits for businesses, simplifying the trademark process with a single application that replaces the need for multiple filings across jurisdictions. It offers wide coverage, encompassing over 110 contracting parties worldwide, and is cost-effective, reducing duplicative expenses and administrative burdens. Additionally, trademarks secured through the Madrid System are valid for 10 years and can be renewed for successive 10-year periods, ensuring long-term brand protection.
For more information or for expert advice on business or personal legal issues, contact us at info@carterbond.co.uk or email us at www.carterbond.co.uk or call us on 020 3475 6751.
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