What Is the Madrid Protocol for Trademarks?

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You may have big dreams of making your business’s products, services, and overall brand name well-known throughout the United States. But you may also want your reach to extend beyond the country’s borders. Well, you may have to start worrying about international trademark laws and protections for such recognition. This is when the Madrid Protocol comes into play. Without further ado, please continue reading to learn more about the Madrid Protocol and how an experienced New Jersey trademark lawyer at The Ingber Law Firm can help you take advantage of this opportunity.

What is the Madrid Protocol for trademark registration?

In its simplest terms, the Madrid Protocol facilitates a streamlined approach to trademark registration across multiple countries. More specifically, it is an international treaty that allows owners and creators to register and protect their trademarks in numerous countries through a single application with the World Intellectual Property Organization (WIPO). Namely, once approved, this registration and protection may be offered for the WIPO’s 120 member countries.

The United States adopted the Madrid Protocol in November 2003. Before that, owners and creators had to file separate applications in each country where trademark registration and protection were desired. As you may likely conclude, this process was complex, time-consuming, and costly.

Why should I take advantage of this protocol?

To reiterate, the Madrid Protocol offers a more time-effective and cost-effective solution to achieving international trademark registration and protection. This is because you may file with an application that uses a single language with a single office, and pay a single set of fees using a single currency. Then, after this initial application, you may continue to manage your international trademark registrations through WIPO’s centralized management system. With this, you may add more countries to your trademark registrations as your business expands or as additional countries enter the system.

Therefore, with the Madrid Protocol, you may apply for registration in international countries using a trademark application with the United States Patent and Trademark Office (USPTO). If the USPTO grants you domestic approval, they may forward your application to WIPO. Then, if approved by WIPO, your registration and protection may be extended to the member countries disclosed within your application. However, these member countries may hold the right to refuse you such protections per local regulations.

On the flip side, the Madrid Protocol may also allow you to apply for United States trademark registration if you already have a trademark registered in an international country. In either case, having a legal representative guide you through this application process is in your best interest. So, in conclusion, a skilled Essex County, New Jersey intellectual property lawyer can help kickstart your trademark registration today. Our team at The Ingber Law Firm will happily take on your case.