What is the Madrid Protocol for International Trademarks?
The Madrid Protocol refers to an international treaty that streamlines the trademark application process by allowing a single international application to apply to multiple countries.
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WIPO and the Madrid Protocol
The World Intellectual Property Organization (WIPO) is a United Nations agency that serves as a global forum for intellectual property services, providing policy and information, and facilitating cooperation between many countries’ differing IP systems. The Madrid Protocol is the common name for the international trademark registration treaty, which entered into force in the United States in 2003. As of 2021, there are 108 members to the Protocol covering 124 countries, and mew members continually join. As part of its services, WIPO facilitates the Madrid Protocol by offering a centralized application affording protection across the globe.
How the Protocol Works
To apply for international trademark protection with WIPO under the Madrid Protocol, you must already have, or have applied for, a national trademark registration in your country of origin. For United Staes Trademark holders, that means applying with the Unites Staes Patent and Trademark Office. Once this “basic application” is obtained, it can then be used as a basis to obtain an international registration with WIPO. This international application has the same effect as a national application in each of the designated countries. However, each individual country may still grant or deny the international application on an individual basis.
Benefits
The overarching benefit of using the Madrid Protocol is convivence. It allows a trademark holder to gain wide, international protection through a single application, in one language, with only one set of fees, in one currency. Bundling all this together creates a massive cost-saving opportunity, voiding the need to hire translators or representation in each country. Further, the breadth of the protection afforded cannot be overstated, as it extends to roughly 80% of world trade.
If you or your business holds or has applied for a trademark registration with the USPTO and is seeking broader international protection, utilizing the Madrid Protocol through WIPO is a must. However, you should be careful to retain qualified counsel who are experienced in trademark matters and can help navigate the complex structure of the application.
For more information on trademarks and intellectual property in general, visit our trademark services practices page.
Klemchuk PLLC is a leading IP law firm based in Dallas, Texas, focusing on litigation, anti-counterfeiting, trademarks, patents, and business law. Our experienced attorneys assist clients in safeguarding innovation and expanding market share through strategic investments in intellectual property.
This article is provided for informational purposes only and does not constitute legal advice. For guidance on specific legal matters under federal, state, or local laws, please consult with our IP Lawyers.
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