The Madrid System for the international registration of trademarks comprises two international treaties, known as the Madrid Agreement (adopted in 1891) and the Protocol relating to the Madrid Agreement (adopted in 1986). These two international treaties allow for a single international trademark application to be filed and registered for member countries. At present, 88 countries below to the Madrid Union; of these 56 are part of the Madrid Agreement and 87 are part of the Madrid Protocol.
The International Bureau of the World Intellectual Property Organization (WIPO) in Geneva, Switzerland, administers the international registration system.
Before a trademark owner can file for a Madrid System international mark, they must first have a trademark application or registration in one of the Madrid member countries (such as the US). And once the main Madrid System trademark application registers at the International Bureau, you can apply to extend protection for that mark in any of the Madrid Union member countries in the one application, paying the filing fee and also paying the usual trademark filing fees for each country in which you wish to obtain a trademark. (There is a Madrid System fee calculator on the WIPO website. And follow the Madrid Protocol links on the US trademark office website for more information about the Madrid System.)
You do not automatically get the trademark in each of the countries (rejection in any given country is possible), but you do enjoy a special set of rules for resolving conflicts with existing trademarks. Consequently, if you intend to sell your products internationally, you minimize your risks of infringement by applying as soon as possible.
For a short, free consultation about obtaining an international trademark under the Madrid System, call Donald Moir at (604) 272-6960 x101.
We can help you obtain International trademarks. Contact us today!
In June 2014, Canada passed legislation to join the Madrid Protocol and two other related international trademark treaties, but the legislation is not yet in effect (at May 2015).
As of early 2015, there are 95 member jurisdictions in the Madrid System.
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