The Madrid System is an international trademark registration system governed by two international contracts: the Madrid Agreement and the Madrid Protocol. The World Intellectual Property Organization’s (WIPO’s) International Bureau is the department that administers the system.
The Madrid System is made up of 90 countries and 89 of them are members of the Madrid Protocol. The United States is a member of only the Madrid Protocol and not the Madrid Agreement.
When filing a trademark application under the Madrid Protocol, the applicant must be a citizen or reside in a country that is a contracting party to the Madrid Protocol. The International Bureau requires that our trademark attorneys direct the international trademark application to the same trademark that has already been registered or included in a trademark application filed in with the United States Patent and Trademark Office (USPTO).
The goods and services that our trademark attorneys claim in the international trademark application on your behalf must be similar to the goods or services specified in the U.S. trademark application. In particular, the international trademark application must have fewer classes of goods or services than the original trademark application that was filed in the U.S. Our trademark attorneys must also designate the countries in which you would like to secure trademark protection in for your trademark.
Submitting trademark applications under the Madrid Protocol must be done through the USPTO. Once the USPTO receives the international trademark application filed by our trademark attorneys, the USPTO makes sure that the information is correct and matches the original trademark application that we filed in the U.S. If the original application becomes abandoned, expired, or cancelled within five years of the international registrations date, the International Bureau will cancel the international registration.
Contact one of our trademark attorneys if you have questions about the Madrid Protocol or international trademark protection.