The EU Council of Ministers has finally approved entry to the
international system of trade mark application known as the Madrid
Protocol, which should reduce the time and expense in obtaining
trade mark registrations internationally. Membership is likely to
take effect in late 2004.
ay Commission insiders, OUT-LAW News, 12/03/2003
The international exploitation of trade marks has been subject to regulation since 1892, when the Madrid Agreement Concerning the International Registration of Marks was signed.
Under the Agreement, registration in one country that is a signatory to the Agreement gives the trade mark holder the right to file a single application which will then cover registration in any other signatory country the person chooses.
Obtaining trade mark registration in non-signatory countries is possible, but involves a separate application and fee to each country's administrative trade mark office.
The UK and some other countries were unhappy with the Agreement and joined the system in 1989 subject to qualifications contained in what is now known as the Madrid Protocol.
The EU has been negotiating to join for at least seven years, but technical provisions have made the process difficult. These have at last been resolved and last week the Council of Ministers formally approved membership of the system. A Regulation making the necessary changes to the existing Community Trade Mark rules was also approved.
This means that from late next year – probably October – applicants for trade mark registration under the Community Trade Mark system will be able to extend the registration to cover all Madrid signatory countries. To date there are over sixty signatories, including the US, whose membership came into effect on 2nd November.
Internal Market Commissioner Frits Bolkestein said:
"European businesses will now be able to protect their trade marks at international level with one simpler procedure. That will encourage exchanges with other countries and create new commercial opportunities."
