If you have a brand and want to protect it internationally, it is essential that you know how the Madrid System works. In this post, we will explain what an international trademark is, how it can be protected, and what the registration process in the Madrid System is.
Having a trademark that’s registered in Spain at a national level offers protection within our borders. However, if you want to work and sell your products and services in other markets, you must protect your brand internationally. It is also advisable to protect the brand in countries where a specific product is manufactured.
What should you consider before registering your trademark internationally?
Index of contents
Before registering your trademark at an international level, you must define the following elements:
- The products and services that you want to commercialize and protect under that trademark, both now and in the future.
- The owner of the trademark.
- The type of trademark and the denomination.
- The specific countries where you are interested in obtaining trademark protection, both currently and in the future.
In addition to all of the above, it is necessary to conduct a study in the country of origin to avoid any possible negative connotations with your brand and to check if there are any prohibitions related to it. Furthermore, you should also make sure that there is no other company using a similar trademark to the one you want to register.
Understanding the Madrid System for international trademark registration
The Madrid System is regulated by the Madrid Protocol, which refers to the international registration of trademarks. The Madrid Protocol is an international treaty managed by the World Intellectual Property Organization (WIPO) that has been ratified by numerous European countries, the United States, Japan, Australia, China, and Russia.
What are the advantages of the Madrid System for international trademark protection?
The Madrid System offers several advantages when it comes to protecting trademarks internationally, including:
- Simplified trademark registration procedure: the registration process is simpler, since you only have to submit one application, in one language, and pay a single fee to the World Intellectual Property Organization.
- The date of protection request for the trademark will be the same in all countries designated by the applicant.
- The renewal of the trademark will be done in a unified manner and only one fee will be paid.
- It is very simple to expand the protection to other countries if in the future you wish to do so.
How to register an international trademark through the Madrid System?
The steps to register a trademark through the Madrid System are as follows:
- Submit the application for international trademark protection to the World Intellectual Property Organization.
- The organization will analyze that the application complies all the formal requirements.
- The WIPO will send the application to the trademark offices of the countries designated by the applicant.
- Within a period of between 12 and 18 months, the registrability of the trademark will be assessed in each country
- Your trademark will be either granted or denied in each of the designated countries.
Who is eligible to apply for an international trademark through the Madrid System?
To request protection through an international trademark under the Madrid System, a natural or legal person must meet the following requirements:
- Be domiciled or have a commercial and industrial establishment in one of the countries that are part of the Madrid System.
- Be a national of one of the countries that are part of the Madrid System.
- Be the owner of one or more trademarks in a country that belongs to the Madrid System.
How long does the international trademark protection last?
Protection for an international trademark under the Madrid System lasts for 10 years from the date of application and can be renewed indefinitely with a single procedure. If you want to register your trademark internationally, you will need the assistance of a specialized business consultancy that can analyze your case and carry out all the necessary procedures quickly and without mistakes.