The Madrid Protocol allows trademark owners to protect their marks across multiple countries by filing one international application instead of separate applications in each country. It is administered by the World Intellectual Property Organization and became effective in the US in 2003. Under the Madrid Protocol, applicants can file for an international registration of their trademark with WIPO to automatically extend protection to the other 79 member countries if no refusals are issued within 18 months. This provides a more cost-effective way for individuals, businesses, and other entities to protect their trademarks internationally.

1. Madrid Protocol: an overviewUrban Their Federer & Jackson, P.A.

2. BackgroundThe Madrid System of international trademark registration is governed by two treatiesthe Madrid Agreement Concerning the International Registration of Marks (Madrid Agreement)the Protocol Relating to the Madrid Agreement (Madrid Protocol)The international registration system is administered by the International Bureau (IB) of the World Intellectual Property Organization (WIPO) in Geneva, Switzerland.

3. EffectivenessThe Madrid Protocol became effective in the United States in November 2003As of September 2009, 79 countries have joined the Madrid Protocol.These countries are known as the Contracting Parties.

4. PurposeThe Madrid Protocol is a cost-effective and efficient means for trademark owners, both individuals and businesses, to protect their marks in a variety of Contracting Parties by filing one trademark application with the IB of the WIPOMadrid Protocol is a trademark “filing” treaty, not a trademark “granting” treaty.

5. Application ProcessTo apply for an International Registration with the IB, an applicant must be a national of, be domiciled in, or have a real and effective commercial establishment in, one of the Contracting PartiesAfter filing the international application in the Trademark Office of a Contracting Party, the Trademark Office reviews the application to ensure certain criteria are metIf so, the Trademark Office forwards the international application to the IB, where the IB performs its own determination of whether the application meets Madrid Protocol filing requirements.

6. Application processWithout the need for the trademark owner to file more paperwork and pay more fees, each designated Contracting Party will examine the request for an extension of protection under the laws of that Contracting Party. If the Contracting Party does not notify the IB of any refusal of trademark registration within 18 months, the owner of the International Registration is automatically granted protection of the mark in that country.

7. BenefitsUsing the Madrid Protocol can save time and money for:IndividualsBusinessesOther entities

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