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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 of the Mardrid Agreement but is a member of the Madrid Protocol. To request further information Click Here
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Central England Patent & Trademark Attorneys Limited Chartered Patent Attorneys, European Patent Attorneys, and British & European Trade Mark Attorneys. Registered in England Company No 7930428
© Central England Patent & Trademark Attorneys Ltd 2010.
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