This article provides a complete guide to Madrid protocol, its members, database, registration process, registration fees, and advantages.
Why Trademark is the Strongest Asset for Your Brand?
Having a unique trademark will not only differentiate your brand from market competitors but also facilitate effective marketing. A trademark is the soul of branding strategy as it gives a distinctive position to your brand in the market. This further leads to gaining consumers and building a reputation.
What is Madrid Protocol in IPR?
It is a global trademark system to obtain trademark rights and protection in Madrid protocol countries by just one application. The applicants can file a Madrid protocol trademark application directly with their domestic trademark office where they would have had their mark registered. This global trademark system is a one-stop solution to protect your brand in around 100 nations in a simple and cost-effective manner. The protection under Madrid agreement covers only those countries that are member nations of the protocol.
The Madrid Protocol was adopted on 27th June 1989. From then on, the protocol has been amended from time to time.
Also Read: How to Prevent Trademark Dilution in USA?
Which countries are under the Madrid Protocol?
At present, Madrid Union comprises of around 100 members that includes countries as well as intergovernmental organizations (contracting Parties to the Madrid Protocol). The Madrid Protocol covers territories of around 116 countries.
|African Intellectual Property Organization||Liechtenstein|
|Antigua & Barbuda||Malawi|
|Bonaire, Saint Eustatius and Saba||Namibia|
|Bosnia and Herzegovina||New Zealand|
|Cambodia||Pakistan (Joined in 24 May 2021)|
|Czech Republic||San Marino|
|Denmark||São Tomé and Principe|
|European Union||Sint Maarten|
|Indonesia||Trinidad and Tobago|
Along with individual countries, the Protocol has 3 regions considered under one International Registration. These are:
- Benelux comprising of Belgium, The Netherlands, and Luxembourg.
- European Union, i.e., all member states of the European Union involving Benelux as one nation.
- African Intellectual Property Organization as the member nations of OAPI can’t be designated as individual nations.
Also Read: Global Trademark Search: Three Important Things to Know About
Who Administers the Madrid Protocol?
World Intellectual Property Organization (WIPO), a UN specialized agency, administers the Madrid Protocol. Thus, by offering an applicant-friendly, fast, and cost-effective Madrid protocol filing process; WIPO allows the central filing of trademark applications. Besides, WIPO also keeps a central Madrid Protocol Database with details of all the registered marks.
What are the exceptions under the Protocol?
Under Madrid protocol, some signs and symbols are exempted from trademarking. They are:
- State flags
- State emblems
- Names and emblems of intergovernmental organizations
What are the Benefits of the Madrid Protocol?
The advent of the this protocol marked a shift in the sphere of Global Branding in 1989. For those having to raise their trademark protection, it makes sense to get trademark rights in each of the export nations where you plan to sell your products or services. Here are the key benefits of getting a trademark registration under Madrid Protocol:
- Cost-Effective Option: The fees and other expenses amount to be a lot lesser than individually registering your mark in every member country.
- Even if you plan to opt for any changes or trademark assignments in the future, it will be under WIPO and not individual countries
- You can replace the national trademark registration with the international one without losing any trademark rights.
It is usually possible to add extra countries/regions later though these will have their own, later, date.
Madrid Protocol Fees
The Madrid protocol trademark application is accompanied by the following set of fees to WIPO in currency Swiss francs:
- Basic fee: 653 Swiss francs in case no element of your mark is in color
- Advances fee: 903 Swiss francs, if any reproduction of your trademark has color;
- Complementary fee: 100 Swiss francs for designated contracting parties not with fixed individual fees
- Supplementary fee: 100 Swiss francs if your trademark covers more than three NICE classes of goods and services
You can even use the WIPO calculator to get an idea about the total fee structure.
WIPO accepts payment via credit card, WIPO current account, and bank transfer.
Also Read: Three Important Aspects of Worldwide Trademark Search to Know
Why Choose TMReady?
TMReady is the one and done solution for all your trademark needs. From professional trademark searches and trademark registration to trademark monitoring; we provide everything at cost-effective packages. Our services encompasses various nations including China, India, USA, Japan, South Korea, Canada, and also UK. So, do you want to get a trademark for your brand as well? Are you struggling with protecting your mark from infringement and dilution? Contact us here and get the best services.
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