This guide is based on UK law. It was last updated in November 2008. Applications must be based on a national application or registration in a member state of the Madrid Protocol. Applications are...
This guide is based on UK law. It was last updated in November 2008.
Scope of the right
Applications must be based on a national application or registration in a member state of the Madrid Protocol. Applications are filed at the national Trade Mark office of the "home" application or registration who pass the application to the World Intellectual Property Office (WIPO) in Geneva. WIPO conducts a formalities examination and then the application is granted covering all the countries specified in the application. The Trade Mark Offices of the countries specified then have 18 months to oppose registration. An International Registration can only cover members of the Madrid Protocol. All rights in an International Registration date back to the day of filing, not the date on which the registration is granted.
Information required to file an application
- Full name and address of applicant.
- Country and, if appropriate, state of incorporation of the applicant.
- The Trade Mark.
- Good representation of the logo or design.
- Indication of the Goods and Services sold or to be sold under the Trade Mark (all goods / services placed in 45 classes).
- Countries to be covered by application.
- Details of an application on which Convention Priority is to be claimed.
Member States of the Madrid Protocol
- Albania
- Antigua & Barbuda
- Armenia
- Australia
- Austria
- Azerbaijan
- Bahrain
- Belarus
- Belgium
- Bhutan
- Bosnia and Herzegovina
- Botswana
- Bulgaria
- China
- Croatia
- Cuba
- Cyprus
- Czech Republic
- Denmark
- Estonia
- European Union
- Finland
- France
- Georgia
- Germany
- Ghana
- Greece
- Hungary
- Iceland
- Iran
- Ireland
- Italy
- Japan
- Kenya
- Korea (North)
- Korea (South)
- Kurgyzstan
- Latvia
- Lesotho
- Liechtenstein
- Lithuania
- Luxembourg
- Macedonia
- Madagascar
- Moldova
- Monaco
- Mongolia
- Morocco
- Mozambique
- Namibia
- Netherlands
- Norway
- Oman
- Poland
- Portugal
- Romania
- Russian Federation
- San Marino
- Sao Tome and Principe
- Serbia & Montenegro
- Sierra Leone
- Singapore
- Slovakia
- Slovenia
- Spain
- Swaziland
- Sweden
- Switzerland
- Syria
- Turkey
- Turkmenistan
- Ukraine
- United Kingdom
- USA
- Vietnam
- Zambia
How can Pinsent Masons help?
Pinsent Masons has a dedicated Trade Marks & Designs Team, which consists of qualified Trade Mark Attorneys. We can file and prosecute trade mark applications across the globe and conduct searches on potential brands and advise on risks to use in terms of infringement.
We would be happy to discuss the procedure and benefits of the Madrid Protocol system with you and provide a cost estimate for filing an application based on the number of territories which you wish to designate.
Contacts