Designated Member States have 12 or 18 months (renewable if the mark is opposed by a third party during the review) either to give the brand issuing a declaration or to refuse the application. On 15 November 2019, the Madrid Protocol has 106 members covering 122 countries representing more than 80% of world trade. The Madrid Union currently has 107 members and 123 countries. These members account for more than 80% of world trade, with the potential for enlargement if membership increases. Madrid now allows the filing, registration and maintenance of trademark rights in more than one country, provided that the target jurisdiction is a party to the system. The Madrid system is managed by the International Office of the World Intellectual Property Organization (WIPO) in Geneva, Switzerland. There are 90 countries that are part of the Madrid system. Depending on the country, the reasons for rejecting the trademark application are 1) conflicts with the existing rights of a third party, 2) lack of distinctiveness of the mark, 3) the marking is descriptive or general, and 4) the mark is likely to create confusion. The applicant may respond to the objection or rejection of the trademark application in a given Member State, in accordance with the country`s trademark laws.
The Madrid system offers a centralized system for obtaining a set of trademark registrations in separate jurisdictions. Registration by the Madrid system does not create a uniform registration, as in the case of the UNION trademark system; On the contrary, it creates a set of national rights through an international registration that can be managed centrally. Madrid offers a trademark protection mechanism in many countries of the world that is more effective than applying for separate protection in each country or jurisdiction. The Madrid Protocol can be used to obtain an international registration of a trademark that has already been registered or registered in the applicant`s country of origin (also referred to as country of origin) as long as the country is also a member of the Madrid Protocol. The Madrid Protocol is an international treaty managed by the International Office of the World Intellectual Property Organization (WIPO) that provides for a single, low-cost demand system for the acquisition and maintenance of trademark registrations in up to 122 Member States. The system is managed by WIPO`s International Office. The Madrid system allows trademark registration in different jurisdictions around the world. These requests are submitted by the Member States of the Union of Madrid.
The notification can be submitted to the National Trademark Office or the Regional Trademark Office. Historically, India was not part of the Madrid network. It was not until 2013 that India joined the Madrid system. An updated list is available here: europa.eu/european-union/about-eu/countries_en A list of the 106 members of the Madrid Protocol can be found below (in alphabetical order): Madrid`s international trademark registration system offers a way to request simultaneous trademark protection in more than 120 countries.