What is the trademark registration with the Madrid Protocol?
When you file a new trademark application under the Madrid Protocol you are filing an international trademark which will be registered in every country subscribing to the Madrid Protocol. The Madrid Protocol allows applicants to register their trademark in various contries with one single application.

Benefits of Filing a New Trademark Under Madrid Protocol

1. Convenient and time saving, as you will need to file a new application with only one country, in one language and pay the government fees only one time.

2. The applicant does not need to wait for the response of each department, if the applicant does not receive any rejection from any department of destination country, the applicant can rest assured that the registration process is complete.

3. If the applicant wishes to changes any of the detail in the application such as amending the name or address, assignment, or limit the list of goods or services. The applicant can do it easily by filing changes with World Intellectual Property Organization (WIPO) and paying the fee only one time.

Trademark Registration - World Intellectual Property Organization (WIPO)

1. Before filing an international application, the applicant must have first filed or registered a trademark as a Basic Application. For example, the applicant must have filed or registered a trademark in Thailand in order to file such trademark as an international application under Madrid Protocol by using Thailand as the country of origin.

2. After filing, the Department of Intellectual Property (country of origin) will examine the international application. It will review the name and address of the company, list of goods and services, and the image of the trademark and it should be the same as that of the basic application. Then the department of intellectual property will confirm and send the application to the World Intellectual Property Organization (WIPO).

3. The World Intellectual Property Organization (WIPO) will then examine the application and if anything is not right, they will send it back to the Department of Intellectual Property (country of origin) so the applicant can amend the application. The applicant will then have 3 months to amend the application, if not, the application will be deemed as abandoned.

4. After examining the application WIPO will issue an international registration number (IR NO.) which can be as follows:
- In case the application reached the World Intellectual Property Organization within 2 months from the filing date of the basic application. The application date of international application will be the same date as basic application.
- In case the application reached WIPO after 2 months from the filing date of the basic application. The application date of international application will be the date that WIPO received the application.
- The World Intellectual Property Organization will then publish the application in an international gazette(E-Gazette).

5. When World Intellectual Property Organization (WIPO) has issued an international registration number (IR NO.), they will send it to the destination country that the applicant has designated. Then each country will examine the application within 12 months.

6. In case the destination country refuses to register an international trademark for any reason, the applicant will have to appoint an agent in each country to file amendment to the application making the corrections required. We are not permitted to file amendments to the country of origin or to the WIPO.

Summary - Madrid Protocol & World Intellectual Property Organization

We at Professional Corporate Services are properly equipped and have the talent to handle the complex world of international trademark registration. We have the right intellectual property lawyers to assist with the most complicated cases. If you would like more information or have any questions please do not hesitate to contact us to discuss your matter. We will be pleased to offer you a FREE consultation.

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