Information on The Madrid Protocol

The Madrid Protocol is an international treaty.

In 1989, The Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol) was created. This international treaty allows for trademark owners to apply for registration in countries that are members of the Madrid Protocol with a single application.

Administration

International trademark applications for Madrid Protocol countries are submitted to the International Bureau of the World Intellectual Property Organization (WIPO) in Geneva, which oversees the application process. As of July 2010, 82 nations were members of the Madrid Protocol.

United States

Though the Madrid Protocol was enacted in 1989, it did not become effective in the United States until Nov. 2, 2003. From that date forward, trademark owners were able to submit an international application to the U.S. Patent and Trademark Office, which forwards it to the WIPO.

Protection

Submitting an international application is a means to receiving intellectual property protection in the Madrid Protocol member nations. Because laws in each country differ, each member nation retains the right to determine if the trademark can be protected under its jurisdiction.

References

• U.S. Patent and Trademark Office: Madrid FAQ
• University of Oslow: Protocol Relating to the Madrid Agreement concerning the International Registration of Marks
• World Intellectual Property Organization: Members of the Madrid Union