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Madrid Protocol: Countries covered for Trademark Registration

Ishita Ramani 
on 05 December 2020

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What is the Madrid Protocol?

The Madrid Protocol is an international system for obtaining trademark protection for many countries and/or regions using a single application. Protection (an "International Registration") can only be obtained for countries and regions which have joined the system (member countries), and these are listed below.

An international treaty that allows a trademark owner to seek registration in any of the countries. is called Madrid Protocol. In simple words, The Madrid Protocol is an international treaty designed to simplify the international trademark registration process.

International Registrations give a bundle of rights administered centrally via the World Intellectual Property Organization (WIPO) in Switzerland.

International Trademark Registration Process

The Madrid Protocol system allows you to obtain and maintain protection for your brand around the world by providing a user friendly, expeditious, and cost-effective set of procedures for the central filing of trademark applications and the central management of trademark registrations with effects in various countries.

The international trademark registration process involves three simple steps as follows:

Madrid Protocol: Countries covered for Trademark Registration

1. Single Filing to seek protection in various Territories

Under the Madrid Protocol, applications for international registrations must be filed with the Applicant's home country's trademark office and must indicate the prior-filed home country application or registration upon which the international application is based.  For example, International trademark registration for India, the Applicant should register first in India, Based on the Indian trademark, an international application shall be filed, online, at the IP India's website designating all or some of the members of the Madrid Union where you wish your mark to be protected. The application can be filed in either English, French, or Spanish.

2. Notification to the designated countries

Thereafter the particulars of the international registration are notified by WIPO to each of the designated Members of the Madrid Union. The Madrid Union members have to decide within very strict time limits whether they can grant protection to your mark in their territories.

3. Trademark Registration

In case, any designated member does not communicate any objection within a period of 18 months from the date of notification of the international registration to it, the mark under international registration is deemed protected within the territory of that member as if the same has been registered directly with the IP office of that member.

Once the trademark is granted in designated countries, a trademark owner only needs to file a single request with WIPO to renew the international registration when required, which would take effect in all designated member countries.

Similarly, fulfilling other formalities such as recording assignments, licenses, securities, mergers, and changes of name and/or address, etc. only require a single request for each of them. This further simplifies maintaining and managing trademarks in several countries and results in considerable cost savings.

 

Member Countries under the Madrid Protocol

World Intellectual Property Organization (WIPO), provides a cost-effective single application system for obtaining and maintaining trademark registrations in up to 122 member countries. The Madrid Union currently has 106 members, covering 122 countries.

A list of all 106 members of the Madrid Protocol 

Afghanistan

Germany

Oman

African Intellectual Property Organization (OAPI)

Ghana

Philippines 

Albania

Greece

Poland

Algeria

Hungary

Portugal

Antigua and Barbuda

Iceland

Republic of Korea

Armenia

India

Republic of Moldova

Australia

Indonesia

Romania

Austria

Iran

Russian Federation

Azerbaijan

Ireland

Rwanda

Bahrain

Israel

Samoa

Belarus

Italy

San Marino

Belgium

Japan

Sao Tome and Principe

Bhutan

Kazakhstan

Serbia

Bosnia and Herzegovina

Kenya

Sierra Leone

Botswana

Kyrgyzstan

Singapore

Brazil

Lao People's Democratic Republic

Slovakia

Brunei Darussalam

Latvia

Slovenia

Bulgaria

Lesotho

Spain

Cambodia

Liberia

Sudan

Canada

Liechtenstein

Sweden

China

Lithuania

Switzerland

Colombia

Luxembourg

Syrian Arab Republic

Croatia

Madagascar

Tajikistan

Cuba

Malawi

Thailand

Cyprus

Malaysia

Tunisia

Czech Republic

Mexico

Turkey

Democratic People's Republic of Korea

Monaco

Turkmenistan

Denmark

Mongolia

Ukraine

Egypt

Montenegro

United Kingdom

Estonia

Morocco

United States of America

Eswatini

Mozambique

Uzbekistan

European Union

Namibia

Vietnam

Finland

Netherlands

Zambia

France

New Zealand

Zimbabwe

Gambia

North Macedonia

Georgia

Norway

 

International Trademark Registration Fees

International trademark registration fees under Madrid Protocol comprises, the basic fee, a complimentary fee for each Contracting Party designated, and a supplementary fee for each class of goods and services in excess of three. For certain contracting parties, the complementary fee is replaced by an “individual fee”.  To confirm whether or not a Contracting Party applies the individual fee.

International trademark registration fees in India starts from 35,000/- but may vary according to the terms and conditions of each application.

If you are an Indian company, society, trust, firm, sole proprietor, or any other entrepreneur, you can take advantage of the Indian trademark registration in India through Madrid Protocol to protect your brand in many countries around the world, following a simple and cost-effective procedure for filing your trademark applications and managing your trademark registrations abroad.

Hope this is helpful to you. Thanks.


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