What is Madrid Protocol?
The Madrid Protocol is an international system for obtaining trademark protection for many countries and/or regions using a single application. Protection (an ‘International Registration’) can only be obtained for countries and regions which have joined the system (member countries), and these are listed below.
An international treaty that allows a trademark owner to seek registration in any of the countries. is called Madrid Protocol. In simple words The Madrid Protocol is an international treaty designed to simplify the international trademark registration process.
International Registrations give a bundle of rights administered centrally via the World Intellectual Property Organization (WIPO) in Switzerland.
International Trademark Registration Process
The Madrid Protocol system allows you to obtain and maintain protection for your brand around the world by providing a user friendly, expeditious and cost-effective set of procedures for the central filing of trade mark applications and the central management of trade mark registrations with effects in various countries.
International trademark registration process involves three simple steps as follows:
1. Single Filing to seek protection in various Territories
Under the Madrid Protocol, applications for international registrations must be filed with the Applicant’s home country’s trademark office and must indicate the prior filed home country application or registration upon which the international application is based. For example, International trademark registration for India, the Applicant should register first in India, Based on the Indian trade mark, an international application shall be filed, online, at the IP India’s website designating all or some of the members of the Madrid Union where you wish your mark to be protected. The application can be filed in either English, French or Spanish.
2. Notification to the designated countries
Thereafter the particulars of the international registration are notified by WIPO to each of the designated Members of the Madrid Union. The Madrid Union members have to decide within very strict time limits whether they can grant protection to your mark in their territories.
3. Trademark Registration
In case, any designated member does not communicate any objection within a period of 18 months from the date of notification of the international registration to it, the mark under international registration, is deemed protected within the territory of that member, as if the same has been registered directly with the IP office of that member.
Once the trademark is granted in designated countries, a trademark owner only needs to file a single request with WIPO to renew the international registration when required, which would take effect in all designated member countries.
Similarly, fulfilling other formalities such as recording assignments, licenses, securities, mergers and changes of name and/or address etc. only require a single request for each of them. This further simplifies maintaining and managing trademarks in several countries and results in considerable cost savings.
Member Countries under Madrid Protocol
World Intellectual Property Organization (WIPO), provides a cost-effective single application system for obtaining and maintaining trademark registrations in up to 122 member countries. The Madrid Union currently has 106 members, covering 122 countries.
|A list of all 106 members of the Madrid Protocol
|African Intellectual Property Organization (OAPI)
|Antigua and Barbuda
|Republic of Korea
|Republic of Moldova
|Sao Tome and Principe
|Bosnia and Herzegovina
|Lao People’s Democratic Republic
|Syrian Arab Republic
|Democratic People’s Republic of Korea
|United States of America
International Trademark Registration fees
International trademark registration fees under Madrid Protocol comprises of, the basic fee, a complementary fee for each Contracting Party designated and a supplementary fee for each class of goods and services in excess of three. For certain contracting parties, the complementary fee is replaced by an “individual fee”. To confirm whether or not a Contracting Party applies the individual fee.
International trademark registration fees in India starts from 35,000/- but may vary according to the terms and conditions of each application.
If you are an Indian company, society, trust, firm, sole proprietor or any other entrepreneur, you can take advantage of the Indian trademark registration in India through Madrid Protocol to protect your brand in many countries around the world, following a simple and cost-effective procedure for filing your trademark applications and managing your trade mark registrations abroad.