Madrid Agreement Concerning the International Registration of Marks
- Type: Convention
- Date of signature: 14/04/1891
- Place of signature: Madrid, Spain
- Depositary: World Intellectual Property Organization (WIPO)
- Date of entry into force: 15/07/1892
What is it about?
The Madrid System sets up an international system for trademark registration. The system is comprised of the 1891 Madrid Agreement and the 1989 Madrid Protocol. Both treaties allow for the international registration of marks. A single application filed with and approved by the International Bureau of WIPO will be accepted among all State parties. Under the Madrid Agreement, a national registration must be obtained in the first place, and then an application for international protection can be filed. An international registration leads to a series of national registrations. In the event that the original registration is revoked or terminated, the international protection is also terminated, even if the reason for cancellation at the national level would not qualify for cancellation under international standards. Under the present Agreement, a country has 12 months to reject or provisionally approve an international registration. The registration and renewal period is 20 years and the application must be submitted in French.
Why is it relevant?
An international trademark filing system is very beneficial. National trademark owners enjoy mark protection abroad and foreign trademark owners increase their willingness to do business within a member State. States also benefit from a reduced paperwork burden.
States having ratified the 1883 Convention for the Protection of Industrial Property may become a party to the present Agreement. The Madrid Agreement has been revised many times (14 December 1900 in Brussels, 2 June 1911 in Washington, 6 November 1925 at the Hague, 2 June 1934 in London, 14 July 1967 in Stockholm and 15 June 1975 in Nice). The Union created by the present agreement is composed of an Assembly and the International Bureau of WIPO. Some 20,000 new mark registrations are made every year. 357,688 international registrations were in force in the year 2000.
- Trademark Law Treaty (Geneva, 27 October 1994)
- Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid, 28 June 1989)
- Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks (Vienna, 12 June 1973)
- Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice, 15 June 1957)
- Convention for the Protection of Industrial Property (Paris, 20 March 1883)