In order to streamline the registration of international trademarks, the Madrid Protocol was put in place. A single application, completed in the applicant’s native language, can be used in over 90 of the organization’s member nations. Although this application will not offer worldwide trademark protections, it is vital to keep in mind. A simplified application process is not a guarantee that an application will be accepted. They’re all still made on a country-by-country basis.
In today’s global market, as a business owner, you’ve probably thought about registering your trademark internationally. The Madrid Protocol makes worldwide registration a lot simpler than it initially appears. To begin, identify the countries in which you are required to register. Prepare an international trademark strategy by thinking about your current operations and future plans. Once you’ve decided where you need to register, you can begin the process of applying for international trademark registration. Madrid Protocol is a process for registering domain names, which has both positive and negative aspects.
What Is the Process of the Madrid Protocol?
You must first file a basic application with the trademark office in your native country before you can use the Madrid Protocol to submit an international application. You may get this information at the United States Patent and Trademark Office, or USPTO. You don’t have to wait for the USPTO to accept your application. You can begin the process of international registration after submitting your initial application.
As part of the Madrid Protocol, your international trademark application will also be sent to your country’s trademark authority. Once they have certified your application, they will send it to the World Intellectual Property Organization. As a result of WIPO’s evaluation, your application will be sent to trademark offices around the world.
It’s worth repeating that the Madrid Protocol does not give your trademark in every country where you’ve applied. In the end, each trademark office will analyse your application and decide based on their own trademark laws. Each trademark office should notify you between 12-18 months of whether or not your application has been accepted or rejected. Your trademark registration must be renewed every ten years after it has been authorised.
Prospect of using Madrid Protocol
Simplified application is the most evident benefit of utilising the Madrid Protocol. If you plan to register in multiple countries at the same time, completing one application in your native language is significantly easier than submitting an application for each nation individually. Registrants frequently save money as a result of the Madrid Protocol. Only one application fee is required for trademark registration, even though you must pay a fee to each nation in which your trademark is registered. The overall cost of your overseas file could be significantly reduced if your submission is simple and involves few problems at the national level.
In addition, the Madrid Protocol has its share of drawbacks. In many cases, when a trademark registration application is sent to a certain trademark office, it will run into legal issues. The trademark office of a country’s trademark may issue office actions or oppositions, in which case you may need to employ local lawyers to help you reply and complete the registration.
Your USPTO application serves as the foundation for all of your international filings. Numerous repercussions result from this. The first is that you cannot make any changes to your basic application when registering internationally. Trademarks can be difficult to add or remove classes from, and transferring ownership of the trademark can be even more difficult. Your international registration is likewise linked to the U.S. for a period of five years after you’ve registered internationally. If the USPTO cancels or rejects your trademark registration at any point during that five-year period, your international trademark registrations will be revoked or rejected as well.
Finally, not every country in the world is a member of the Protocol of Madrid. This international convention excludes a number of important countries, including much of the Middle East and South America. For trademark registration in countries that are not members of the United Nations, you will need to apply directly to the trademark office in each nation.
