Madrid Protocol | Practical Law

Madrid Protocol | Practical Law

Madrid Protocol

Madrid Protocol

Practical Law Glossary Item 5-503-1348 (Approx. 3 pages)

Glossary

Madrid Protocol

Also known as the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks. One of two separate treaties (the other treaty is the Madrid Agreement Concerning the International Registration of Marks) making up the Madrid System, a multinational trademark registration system administered by the World Intellectual Property Organization (WIPO).
Under the Protocol, instead of having to file a separate application for trademark registration in each individual Madrid Protocol country that conforms to that country's requirements, a trademark owner may file a single international application in its home country's trademark office. The home country's trademark office forwards the application to WIPO's International Bureau, which then submits the application to each designated Madrid Protocol country's trademark office. Each national trademark office then examines the application in accordance with domestic law as if it had been submitted through that country's regular channels and determines whether protection is available for the mark in that country. The treaty was implemented in the US under the Madrid Protocol Implementation Act of 2002. For more information, see Practice Note, Registering a Madrid Protocol Trademark.