International Trade Mark Registration - Madrid Protocol
The Madrid registration system is essentially an administrative procedure. Although an applicant files (through its “home” IP Office) a single application at the World Intellectual Property Organisation (WIPO) in Geneva, the resulting registration gives a bundle of national rights in the countries, or regions such as the EU, designated in the registration.
A list of the current participating countries is found via the Related Link on this page.
Use of the international registration system is restricted to the following:
Nationals (individuals or companies) of participating countries
Companies having a real and effective business in one of the participating countries.
An international application must be based on an earlier national application or registration (the so-called home application/registration). In some instances, a home application is filed specifically for the purpose of supporting an International registration. If the home application fails, so does the International application, although the International application can then be converted into independent national applications retaining the original filing date.
An application for International registration is filed at WIPO and once it has undergone a formalities examination, it is published in the WIPO Gazette and registered. Once published, the application is subject to examination by the national trade mark offices in the designated countries and then proceeds in the same manner as national applications in those countries. If a national trade mark office raises objections which cannot be overcome, the registration will be rejected in that country. Procedures are available to challenge the registration in the designated countries, for example on the basis of a prior national trade market.The resulting registration may thus extend to only some of the original designated countries, and the range of goods and/or services covered in each country may vary as a result of national examination procedures.
An advantage of this system is that one can designate further participating countries subsequently to the filing of the international application and so extend the geographical scope of protection as more countries sign-up to the Protocol.
Once having received details relevant to the home application/registration, all we will require is an indication of the countries to be covered by the International registration.