Madrid Agreement Concerning The International Registration Of Marks Of April 14 1891

In principle, the main advantage of the Madrid system is that it allows a trademark holder to obtain trademark protection in one or all of the Member States, by filing an application in a country with a set of taxes and by making changes (for example. B, name or address changes) and renewing registration in all applicable jurisdictions through a single administrative procedure. One of the drawbacks of the Madrid system is that any rejection, withdrawal or cancellation of the basic application or basic registration within five years of the registration date of the international registration results in the refusal, revocation or deletion of international registration to the same extent. Like what. B a basic application includes « clothes, headgear and shoes » and if the « headgear » is removed from the basic application (for whatever reason), the « headgear » is also removed from international demand. Therefore, the protection afforded by international registration in each designated jurisdiction applies only to « clothes and shoes. » If the basic application is rejected as a whole, the international registration would also be rejected in its entirety. In 1966 and 1967, efforts were made to address this problem by creating a new treaty that would reflect the needs of the time, not the world of the 1890s, when the agreement was adopted. This led to the development of the Trademark Registration Treaty (TRT), which was adopted in Vienna in 1973 and came into force in 1980 with five States Parties, namely Burkina Faso, Congo, Gabon, the Soviet Union and Togo. Given that there were no other TRT memberships and that the number of registrations had been low since its inception, it was clear that the TRT would probably not have supplanted the Madrid agreement. For example, it is possible, under the protocol, to obtain an international registration on the basis of a pending trademark application, so that a trademark holder can, simultaneously or immediately after, file an application in a Member State, effectively apply for an international registration.

In comparison, the agreement requires that the trademark holder already have an existing registration in a member jurisdiction, which can often take many months and sometimes years. Moreover, the agreement does not allow for the « conversion » of international records that have been « centrally attacked ». The Madrid system (officially the Madrid system for international trademark registration) is the most important international system to facilitate trademark registration in several jurisdictions around the world. The legal basis is the Madrid Multilateral Agreement on International Trademark Registration of 1891 and the Protocol on the Madrid Agreement (1989). Compliance with the convention or protocol includes membership of the Madrid Union. As of June 2019,[update] there are 104 members from 120 countries. The original treaty has 55 members, all of which are equally parties to the protocol (when Algeria acceded to the Madrid Protocol on 31 October 2015, all members of the Madrid agreement were also members of the Madrid Protocol and many aspects of the Madrid agreement no longer have practical effect). The term « Union de Madrid » can be used to describe the legal systems that are parties to the agreement or protocol (or both). [4] The protocol has been in force since 1996 and has 100 members,[5] making it more popular than the agreement, which has been in force for more than 110 years and has 55 members. [4] The main reason why the protocol is more popular than the agreement is that the protocol has introduced a number of changes to the Madrid system that have greatly improved its usefulness for trademark holders. The Madrid system consists of two contracts; the Madrid Convention on international trademark registration[fn 1], concluded in 1891 and entered into force in 1892, and the Madrid Agreement Protocol, which came into force on 1 April 1996.