For over a century there has existed an international Agreement (called the Madrid Agreement) that has enabled the nationals of over 36 Countries (see list below) to obtain an International Registration, based on their national Registered Trade Marks, in all the countries party to the Madrid Agreement, by filing a single International Application. The United Kingdom is not party to the Madrid Agreement so British nationals cannot make use of this Agreement to obtain International Trade Marks in this way. However, on the 1st April 1996 a second agreement called the Madrid Protocol came into effect in the United Kingdom. The Madrid Protocol enables  British nationals and British companies to extend their trade mark protection to other Countries by registering their UK trademarks in other countries by filing a single International Application.

There are important differences between the Madrid Protocol and the Madrid Agreement. They are as follows:

 (a) Under the Madrid Protocol the International Registration (IR) can be based on a national  application or registration under the Madrid Agreement it can only be based on a national Registration.

(b) Under the Madrid Protocol, if the validity of the National application on which the IR: is based is successfully challenged, it is possible to convert that IR to national applications in other countries not affected by the invalidity decision. Under the Madrid Agreement such an attack will result in full or partial invalidity in all other IR countries and it is not possible to convert to a national Registration in the remaining countries.

(d)  Applications under the Madrid Protocol may be filed in English or French whereas the Agreement requires the application to be made in French.

There are 78 Madrid Protocol Countries (as at December 2009) and 56 Madrid Protocol Countries.

It will become more important for British companies to keep a watch for any other conflicting International Registrations that designate the United Kingdom. We can provide such watching services, at a reasonable cost for existing or new clients.