International trademark registration can be achieved through the Madrid System, which is governed by two treaties: the Madrid Agreement and the Madrid Protocol. The system is administered by the World Intellectual Property Organization (WIPO). Here’s an overview of the process:
- Eligibility:
- The Madrid System is available for businesses or individuals who have a connection (nationality, domicile, or establishment) with a country that is a member of the Madrid Agreement or Protocol.
- The applicant must have a registered trademark or a pending application in the country of origin.
- National/Regional Application:
- Before applying internationally, you need to have either a national trademark registration or a pending application in your country of origin.
- Submit an International Application:
- File an international trademark application through the trademark office of your country of origin.
- Specify the countries in which you want protection. These are referred to as “designated contracting parties.”
- WIPO Examination:
- WIPO examines the international application to ensure compliance with formal requirements.
- If accepted, WIPO records the mark in the International Register.
- Substantive Examination in Designated Countries:
- The trademark application is forwarded to each designated contracting party for substantive examination.
- Each country determines whether to grant protection based on its national laws.
- Individual Country Registration:
- If no objections are raised by the designated contracting parties, the trademark is protected in those countries as if it had been filed directly with their national office.
- Maintenance and Renewal:
- Maintenance and renewal are handled individually in each designated country.
- The protection lasts for 10 years and can be renewed.
Advantages of the Madrid System:
- Centralized Filing: File a single international application instead of filing separate applications in each country.
- Cost-Efficient: Potentially more cost-effective than individual filings in multiple countries.
- Simplified Management: Centralized management of the international registration.
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