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Madrid Protocol

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Madrid Protocol

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The Madrid e-Filing service is a paperless, online filing and communication service developed by WIPO. It is a simpler, user friendly online interface for international applications. For more information please see https://www.wipo.int/madrid/en/how_to/efile/. To access Madrid e-filing please click here.

What is the Madrid Protocol?

The Madrid Protocol is the international Treaty governing the Madrid System, the international filing system for trade marks. The Madrid System allows a trade mark holder to obtain and maintain protection of a trade mark in multiple countries by filing a single application with the national office.

What is the purpose of the Madrid Protocol?

The purpose of the Madrid Protocol is to simplify the international registration process by offering businesses and innovators the opportunity of obtaining trade mark protection in more than 107 members, covering 123 countries by filing one single international application in one language. The Madrid Protocol is a one-stop solution for trade mark holders, whether a small start-up or a large multinational exporter, to efficiently manage their trade mark portfolio.

What is the Madrid System?

The Madrid System is a convenient and cost-effective solution for registering and managing trademarks worldwide. The Madrid System is administered by the World Intellectual Property Organization “(WIPO)”. WIPO is the Geneva based United Nations body responsible for Intellectual Property worldwide.

The objectives of the Madrid System are dual fold:

  • It facilitates the obtaining of protection for marks (trade marks and service marks), and
  • Since an international registration is equivalent to a multiple national registrations, the subsequent management of that protection is made much easier.

For more information please see the following link: Guide to the International Registration of Marks under the Madrid Agreement and the Madrid Protocol.

What is the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (“Madrid Protocol”)?

TThe Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (“Madrid Protocol”) is the Treaty under the Madrid System which was adopted in 1989 in order to facilitate the filing of trade marks around the world and introduce certain new features. For more information see the following link: Madrid Protocol.

How does the Madrid System Operate?

In order to file an international application (“IA”), the trade mark holder must have a registered mark or have a filed application with the “home” intellectual property (“IP”) office also referred as the office of origin (“OO”). This “home” application is known as the basic mark. The trade mark holder then qualifies to file an IA through the OO. Before the OO forwards the IA to the World Intellectual Property Organization (“WIPO”), the home office ensures that the basic trade mark and the IA details are identical.

Upon receipt of the IA, WIPO will conduct a formality examination. Once approved, the mark is entered in the International Register and published in the WIPO Gazette of International Marks. WIPO will then notify the IP Offices in all the territories that they have been designated in the IA.

When the national or regional IP office also known as the Designated Contracting Party (“DCP”) receives the IA, a substantive examination is conducted in accordance with their respective legislation. Once the DCP makes a decision within the applicable time limit (12 months, 18 months or 18 + months), WIPO records it in the International Register and the trade mark holder is informed.

How can a Madrid Application be filed?

When filing an international application, a completed application form is required:

  • Using the Madrid eFiling Platform – Please see the Madrid eFiling User Guide for Applicants for detailed instructions.
  • Completed MM 2 form – Application form from the International Bureau of WIPO for International Registration under the Madrid Protocol: MM2 Form.
  • Please see instructions to complete and file the MM2 form: Application for International Registration Governed By The Madrid Protocol MM2 Form Instructions.
  • The Madrid Goods & Services Manager can be used to assist you with the classification of the goods and or services of your IA. All trade marks must be classified according the current version of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks. See the following link to the Madrid Goods & Services Manager, Madrid Goods & Services Manager. For information on Nice Classification click here. To check your classification for the North American market, please use the following tool: https://s2a.app/idv/. It is highly recommended that you contact the TTIPO before submitting an application on the Madrid e-filing platform
  • The fee calculator helps you estimate the cost of registering your mark through the Madrid System. It also helps you estimate other costs related to managing your international trademark such as the renewal, the subsequent designation, the second fee tax for certain Contracting Parties and all the Madrid transactions with fees. See the following link to the fee calculator, Fee Calculator

How to pay for a Madrid Application

Fees to be paid to the International Bureau (WIPO) in Swiss Francs (CHF) can be done via the following payment methods:

  • Direct Deposit
  • Bank Draft
  • Credit Card or
  • Current Account at WIPO

For more information on using these payment methods, please see the following link on WIPO’s website: Madrid payment methods.

Before filing your application, use the Fee Calculator to estimate the amount of fees payable.

Please contact us for more information.

Benefits of the Madrid System
  • Cost-effective:
    • Saves time and money by filing one application in one language and in one currency.
  • Effective:
    • A single international registration simultaneously has legal effect in multiple territories, including the European Union which has its community trade mark.
  • Convenient:
    • Easier management of your brand portfolio through a centralized system, and you can expand protection into new markets with a single step.
    • Subsequent amendment to a trade mark registration such as change in name or address etc. can be easily recorded by means of a single centralized procedure.

Link to WIPO’s website: Madrid – The International Trademark System.

The Madrid Protocol will be implemented in Trinidad and Tobago on Tuesday 12th January, 2021.
Madrid Online Resources

 

 

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