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Maadrid System Benefts

The Madrid System allows for international registration of trademarks through a single application filed with the World Intellectual Property Organization (WIPO). This centralized system simplifies the registration process and reduces costs compared to filing individual applications in different countries. It provides a bundle of national trademark registrations in the over 100 member countries designated by the applicant. The Madrid System streamlines administrative processes like renewals and updates to trademark information. It offers a flexible, time and cost-effective way for trademark owners, especially small and medium enterprises, to protect their marks globally.

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Priyanka Vohra
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47 views2 pages

Maadrid System Benefts

The Madrid System allows for international registration of trademarks through a single application filed with the World Intellectual Property Organization (WIPO). This centralized system simplifies the registration process and reduces costs compared to filing individual applications in different countries. It provides a bundle of national trademark registrations in the over 100 member countries designated by the applicant. The Madrid System streamlines administrative processes like renewals and updates to trademark information. It offers a flexible, time and cost-effective way for trademark owners, especially small and medium enterprises, to protect their marks globally.

Uploaded by

Priyanka Vohra
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Advantages of the Madrid System

The Madrid System of registration of marks is an international system which facilitates the
registration and maintenance of trademarks in multiple jurisdictions. The system is legally applicable
through the Madrid Agreement, 1981 and the Madrid Protocol relating to the Madrid Agreement,
1989. Both the treaties are independent and parallel to one another and the countries may become a
signatory to any of the two. The Madrid System is under the governance of the International Bureau
of the World Intellectual Property Organisation. Through the Madrid Protocol, trademark owners can
file a single application, in one language and pay a basic fee for protection in the signatory countries
that may be designated by the Applicant. It provides for a centralised system wherein filings can be
done and portfolio can be managed, all at once.

The Madrid system currently covers 117 countries including the European Union with its Community
Trade Mark which accounts for 80% of the trade worldwide. The Madrid Agreement and Protocol are
open to any State Party to the Paris Convention on the Protection of Industrial Property. The
international registration of mark has several benefits in comparison to filing of mark individually
with a single application in different countries. The International Registration of a trademark by the
WIPO leads to a bundle of national registrations in the designated countries given by the owner of the
mark.

Application may only be filed by natural persons or legal entities within a country which is a party to
the Agreement or Protocol. The mechanism requires a basic application i.e., a trademark owner with
an existing application or registration in one of the member jurisdictions.

 International registration of the mark can be done through the WIPO with a single application,
in one language and with a payment of a set of standardised fees. The hassle of applying with
a single application in different countries along with payment of several fees such as filing,
translation, renewal, assignment and local legal fees etc. is avoided which also makes it time
efficient and financially more viable.

 The Madrid System approves of English, Spanish and French for the application of
registration and the holder of the mark does not have to wait for an official approval from the
office of each Contracting Party. If there is no refusal is accorded within the time-limit, it is
deemed to be a grant of protection mark. In many countries, the procedure of acceptance is
tedious and may take up to a few years but under the Madrid Protocol, the same is conveyed
with a span of eighteen months.

 Any changes subsequent to the registration can be effected or recorded such as change in
ownership, name or address of the holder, limitation in the recitation of the goods and
services by the publication in the official gazette of the WIPO called as the WIPO Gazette of
International Marks. For renewal which is required after a period of ten years, only one
request needs to be made to the International Bureau. It makes the procedure very simplified
since there is only one expiry under this system.

 The effects of an International Registration can be extended to a Contracting Party not


covered by the international application by filing for a subsequent designation. Thus, enabling
the holder of an international registration to expand the geographical scope of its mark,
including a Contracting Party which was earlier not a member of the Madrid System.

 Filing an application through this system enhances the global market network between trading
companies and provides them a legal ownership with a certain brand name to build reputation.

 It creates a favourable climate for foreign investment and also, contributes to positive
economic growth.

 The Madrid system of registration of international marks should be the preferred option for
small and medium sized enterprises that are relatively new to the market and look for
expanding globally. The system adds flexibility in order to add new regions which is
favourable for those enterprises dealing with exports but having a limited budget and time for
the application and management of such marks multiple times.

 An International registration is assignable and transferable to some of the designated


countries, although action for infringement must be brought separately in each of the member
country concerned. It can also be invalidated on the grounds of non-use in one or more of the
designated countries giving way to new applications for the same.

 International Registration is also beneficial to the Trademark offices as they do not need to
examine for compliances with the formal requirements, or classify the goods and publish the
marks. The following is done by the International Bureau and additionally, the Trademark
Offices is still compensated for the work.

An International registration produces the same legal effect as that of a separate application for the
national registration of the mark. It consists of a single transaction and a basic administrative step for
securing registration multi-nationally. Under this protocol, it is also possible to obtain an international
registration based on a pending trade mark application, so that the owner of a trademark can
concurrently apply for an international registration. Practically, the international registration through
the madrid system is the most convenient and secure option available to the owner of a trade mark.

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