In Part 1, I introduced the concept of international trademark protection and the option of filing a separate trademark application in each country of interest. In Part 2, I introduced the Madrid System, whereby a single international trademark application can be filed for registration in a number of countries.
In this post, Part 3, I will continue the explanation and analysis of the Madrid System by detailing who can file using the Madrid System and in what countries trademark protection can be obtained. In Part 4, the concluding post, I examine the advantages and disadvantages of the Madrid System and make a cost comparison with ordinary filings.
What Countries Participate in the Madrid System?
There are 84 members of the Madrid Union (countries who are members of the Madrid Protocol and/or Madrid Agreement). The Madrid Protocol boasts 74 members and the Madrid agreement 56- 46 countries are members of both. The full list of member countries can be found here. An international application under the Madrid System must originate in a member country and each country designated for protection in the application must also be a member.
The United States is a member of the Madrid Protocol, but not the Madrid Agreement, and therefore U.S. applicants may not designate countries that are members of the Madrid Agreement only.
Some countries that are not members of the Madrid Union include Canada, Mexico, New Zealand, South Africa, India, Pakistan, Hong Kong, Taiwan, Malaysia, the Philippines, Indonesia, Thailand, Israel, and most of Latin America. Trademark protection in these countries can only be achieved by individual applications.
Who Can File an Application Under the Madrid System?
An applicant using the Madrid System must be “a natural person or a legal entity which has a real and effective industrial or commercial establishment in, or is domiciled in, or is a national of” a country that is a signatory to the Madrid Agreement or Protocol. The applicant must initiate their international application in such a country.
On to Part 4… If you have any questions or additions to the material above, let me know in the comments.
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