Friday 24 October 2014

Facts On The Madrid System For The International Registration Of Marks

Posted by Unknown at 13:09
By Young Lindsay


The Madrid System is the main international system for the facilitation of trademarks and for its application within a number of jurisdictions in various nations. The legal basis it has is a multilateral treaty which is The Madrid Agreement Concerning the International Registration of Marks in 1891. It also includes The Protocol Relating to the Madrid Agreement in 1989.

This is centrally administered where a bundle of trademark could be obtained through separate jurisdictions. Officially this is called the Madrid System for the International Registration of Marks. Although it does not create an International trademark unlike in the European Community Trade Mark, but it bundles the rights and is administered centrally.

The clear advantage for this one is that the protection would be applied on different countries instead of having the rights acquired for each nation or jurisdiction. Since it is in bundles, it can cover a number of countries with only one time registration, which gives it the flexibility of wide range of rights for the trademark. This would give the owner an opportunity to save up in costs.

The filing for this trademark is valid only to those countries and nations that are within the party. This is administered by the International Bureau of the World of Intellectual Property Organization or also known as WIPO which is in Switzerland. In total, there would be ninety countries that belong to that party completely.

The two multilateral treaty that was mentioned is the composition of this. The operation started on April 1996 which was held in a conference in Madrid, Spain. Originally, this was meant internationally, but there were some reasons why it did not push through.

There was actually not enough recognition by some large nations which contributed to the failure for it to be internationally capable. They found flaws and many other reasons for them not to participate and be included in the party. These countries include the United States, the United Kingdom, Central America and Southern American nations, and Asian countries like Japan. These nations have actually the highest numbers of filings or registrations for trademarks, which would be a huge lack.

The advantage in registering for this is that the mechanism provides trademarks to have a jurisdiction obtained from WIPO. This can also be extended to one or few more members which is called a designation. Basically, it gives convenience for trademarks owners like in Crystal Lake, IL to add more coverage for the trademark in one single filing.

Although if in any case that there is refusal, cancellation, or withdrawal of basic applications during the five years after the registration date, this would also have the same effect on it internationally. If one or two parts of a protection in the basic application would be removed, then so it would have the same effect internationally. It also holds true if it is removed as a whole.

This is a good approach for any trademark owner who wants to gain jurisdiction for rights on another country aside from their own. It gives them the convenience to do so with this system instead of filing it one by one for each country which would cost more for them. The process is accessible and simpler as well.




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