Overview 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.

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 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 treaties that were mentioned is the total composition of the system. It was on April 1996 when the operation started and this was in a conference held in Madrid, Spain. The original purpose for this was to cover all the countries and gain range internationally, but then there were a few reasons why this was not able to push through completely.

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.

Although if in any case that there is refusal, cancellation, or withdrawal of basic applications during the five years after the registration date, this would also have the same effect on it internationally. If one or two parts of a protection in the basic application would be removed, then so it would have the same effect internationally. It also holds true if it is removed as a whole.

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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