Madrid Agreement Concerning the International Registration of Marks
The Madrid Agreement Concerning the International Registration of Marks, also known as Madrid Agreement or Madrid Protocol, is an international treaty relating to the registration of trademarks, which was established and is maintained by the World Intellectual Property Organization (WIPO). It provides a streamlined procedure for the registration of marks in multiple jurisdictions.
The agreement has been in effect since April 14, 1891, initially as the Protocol Relating to the Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods, which came into effect in 1891 and qualified for international repute through the Paris Convention of 1883. Since the establishment of the Agreement, the international trademark protection system has undeniably become one of the most recognized systems of its kind.
The Madrid Agreement is an international agreement of which the primary purpose is to facilitate the registration of trademarks in multiple countries. As an international trademark registration system, the Madrid Agreement allows a trademark owner to protect and manage his or her trademark in multiple countries with a single filing. It also allows a trademark owner to receive trademark protection in multiple countries with a single registration.
The Madrid Agreement provides trademark holders with much-needed protection and convenience. Trademark owners who seek to register their marks in multiple countries do not need to file separate applications in each country; rather, the trademark application will be accepted, examined and eventually registered in those countries that are signatories to the Madrid Agreement. This greatly simplifies the process and saves time and money.
In addition, the Madrid Agreement provides uniform protection of marks and limits the possibility of cancellation or nullification of registrations. Once the trademark is registered, the registration is valid for a period of ten years and may be renewed for successive ten-year periods. In addition, the Madrid Agreement requires member states to recognize rights granted to foreign applicants, including rights arising from applications filed in other countries, whether they are contracting states or not.
The Madrid Agreement is an effective means of providing international trademark protection and establishes a uniform system of protection. It enables trademark owners to register their trademarks in multiple countries with a single filing, which greatly simplifies the registration process and reduces costs. Moreover, the Agreement grants holders uniform protection of their marks and provides them with the right to oppose and/or cancel any registration that is in violation of their rights.