Facts On The Madrid System For The International Registration Of Marks

Posted by Unknown on 1:09 AM with No comments
By Young Lindsay


A system for registration of different trademarks for owners that encompasses a various number of jurisdiction in an international setting is facilitated by the Madrid System. The legality of the system is based on two multilateral treaties. These are the Madrid Agreement Concerning the International Registration of Marks which was in 1891 and the protocol, relating to the Madrid Agreement which was in 1989.

This is centrally administered where a bundle of trademark could be obtained through separate jurisdictions. Officially this is called the Madrid System for the International Registration of Marks. Although it does not create an International trademark unlike in the European Community Trade Mark, but it bundles the rights and is administered centrally.

The clear advantage for this one is that the protection would be applied on different countries instead of having the rights acquired for each nation or jurisdiction. Since it is in bundles, it can cover a number of countries with only one time registration, which gives it the flexibility of wide range of rights for the trademark. This would give the owner an opportunity to save up in costs.

The coverage would depend on the nations that belong to the party and that are administered under it. This is run by the International Bureau of the World Intellectual Property Organization or the WIPO and this is in Geneva, Switzerland. There are about ninety countries so far that belongs to this party.

The two multilateral treaty that was mentioned is the composition of this. The operation started on April 1996 which was held in a conference in Madrid, Spain. Originally, this was meant internationally, but there were some reasons why it did not push through.

The nations that participated in this were not enough because some of these nations did not recognize it for many different reasons including some flaws. These countries are the United States of America and Central America, the United Kingdom, South American and also Asian nations like Japan. These countries hold the highest number of registrations or filings for rights on trademarks and contributed to the huge loss.

Another advantage though is that its mechanism can provide trademarks enough jurisdiction that is obtained from WIPO. An extension is also possible if the owner wants to cover more nations or areas which is also called a designation. It is basically very convenient for the owners in Crystal Lake, IL to have their trademarks registered in just one filing.

There are cases where withdrawal, cancellation, or refusal is made on the basic applications within the five year contract starting from its registration date, then this would also take effect internationally as well. For example part or whole of the trademark would then be removed and so it will then be removed internationally. Basically, remove any or as a whole the effect is the same all throughout.

This sort of approach would benefit those who want to gain rights or protection for any of their products and services in another country or area. It can be filed in their own country as long as it is also a member of the party. The access would be a lot more convenient and the processing would be simpler.




About the Author: