Madrid Agreement On International Registration Of Trademarks

The Madrid Convention and the Protocol are open to any State party to the Paris Convention on the Protection of Industrial Property (1883). The two treaties are parallel and independent and States may stick to one or the other of them. In addition, an intergovernmental organization that has its own trademark registration office may become a party to the Protocol. Instruments of ratification or accession shall be deposited with the Director General of WIPO. One of the disadvantages of the Madrid system is that any refusal, withdrawal or deletion of the basic application or registration within five years of the date of international registration results in the refusal, revocation or cancellation of the international registration to the same extent. For example, when a basic application covers „clothing, head covering and footwear“ and the „head covering“ is removed from the basic application (for any reason), the „head covering“ is also removed from the international application. Therefore, the protection granted by the international registration in each designated Member State applies only to „clothing and footwear“. In the event of total rejection of the basic application, the international registration would also be totally rejected. In 1997, less than half a percent of international registrations were cancelled as a result of a central attack. [6] FiIP accepts applications for the international registration of marks in order to verify compliance with the requirements for transmission to the International Bureau of the World Intellectual Property Organization. An application for international registration must designate one or more Contracting Parties in which an application for protection is sought. Other names may be taken a posteriori. A Contracting Party may be designated only if it is a party to the same contract as the party whose seat is the point of origin.

The latter point cannot be designated in the international application itself. The system makes it possible to protect a mark in a large number of countries by covering an effective international registration in each of the designated parts. A trade mark may be the subject of an international application only if it is already registered with the Trade Mark Office of the Contracting Party with which the applicant has the necessary links (hereinafter referred to as the Office of Origin). . . . .

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