Facts On The Madrid System For The International Registration Of Marks

By Young Lindsay


A system called The Madrid System is for registration of trademarks in a set of valid jurisdictions internationally. This covers various nations and facilitates these registrations accordingly. The legality of this is in a treaty which comprises of The Madrid Agreement Concerning the International Registration of Marks on 1891 and also the protocol relating to the Madrid Agreement on 1989.

Also, this is administered in a central manner where the rights of the trademarks are formed into bundles for them to be acquired through separate jurisdictions. This is officially called as the Madrid System for the International Registration of Marks. Although this would not cater to a registration as a whole international, but it only gives it in bundles. This is in contrast with the European Community Trade Mark.

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 filing is permitted as long as the areas are within the administered jurisdiction of the system. This is wholly organized by the International Bureau of the World Intellectual Property Organization or WIPO which is located in Geneva, Switzerland. So far, there are ninety countries within the party.

The two treaties mentioned are what makes this up. The operation for this began in Madrid, Spain in 1996 of April. What was this originally planned out was for an international coverage but it did not get enough legality because of a few reasons or flaws.

There was actually not enough recognition by some large nations which contributed to the failure for it to be internationally capable. They found flaws and many other reasons for them not to participate and be included in the party. These countries include the United States, the United Kingdom, Central America and Southern American nations, and Asian countries like Japan. These nations have actually the highest numbers of filings or registrations for trademarks, which would be a huge lack.

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 is a good approach for any trademark owner who wants to gain jurisdiction for rights on another country aside from their own. It gives them the convenience to do so with this system instead of filing it one by one for each country which would cost more for them. The process is accessible and simpler as well.




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