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Madrid Protocol / International
The Madrid Protocol allows a single application to cover a large number
of different countries
(List of Countries). The charges for filing a Madrid Protocol application
are dependent largely upon the countries and classes required. An estimate can
be provided once the countries of interest are known. A list of countries which
are signatories to the Madrid Protocol can be found on the World Intellectual
Property Organization (WIPO) website.
Under the Madrid Protocol there must be a 'home' trade mark registration
or application, for example the UK. The application designates those signatory
countries for which protection is required. Once filed, the mark is registered
on the International Register and details of the mark are sent to the national
office in each of the designated countries. During the following 18 months,
objections can be raised against the application in a particular designated
country, either by the national office of that country or as a result of
opposition.
If an objection raised against the registration in a designated country
cannot be overcome, then the registration in that country will be refused.
However, this will not affect the registration in any of
the other designated countries.
It is an essential feature of the Madrid Protocol that the home
application/registration survives for a period of at least five years after the
date of registration of the Madrid Protocol application. If the home
application/registration is lost, the Madrid Protocol registration can be
transformed into separate national applications, which will be dealt with as
outlined above. This will result in the loss of cost and administrative
convenience.
Madrid Agreement applications A similar system to that of the Madrid Protocol is the Madrid Agreement. It is available to applicants who are nationals of, resident in, or have a genuine place of business in one of the Madrid Agreement countries. The UK is not a member country. To request further information Click Here
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