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Madrid Protocol - Background
The Madrid Protocol - Background
The Madrid Agreement Concerning the International Registration of Marks
- adopted at Madrid on April 14, 1891
- revised six times from 1900 to 1967
The Agreement was modified several times in an attempt to increase membership.
Under the Agreement, International Applications can only be based on national
trade marks which are already registered. As a result, international applicants
could not take advantage of the convention priority period of six months.
The Protocol Relating to the Madrid Agreement Concerning the International
Registration of Marks
To address concerns some countries had with the Agreement, The Protocol Relating
to the Madrid Agreement (Protocol) was developed. The Protocol came into force
on 1 April 1996 and introduced a number of innovations in the Madrid System
with the aim of expanding its geographical coverage.
Who is eligible?
Membership of the Madrid Protocol is open to any State which is party to the
Paris Convention and also to certain intergovernmental organisations such as
the European Union.
Persons living in, carrying on business in, or having the nationality of a
country party to the Protocol and who have a trade mark application or registration
for the same trade mark in that country, may apply by single application for
International Registration and protection of their trade mark in one, some or
all of the other member countries.
You can view a table of the current Madrid protocol members through www.wipo.int/madrid/en/index.html
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