Information regarding the Madrid Protocol

Since November 2, 2003, trademark owners or owners of newly filed trademark applications in the United States have been able to file international trademark applications under the “Madrid Protocol.” Through the Madrid Protocol, international trademark protection will be feasible to all companies, small businesses, and individuals.

For a U.S. trademark owner, a Madrid Protocol application must be based upon a pending U.S. federal trademark application or a U.S. trademark registration. Based on this application/registration, a Madrid Protocol application can be filed with the U.S. Patent and Trademark Office designating which member countries in which registration is requested.

A few of the cost saving benefits include: the application can be filed in English (no translation costs), the application can be directly filed by my office (there is no need to hire a foreign attorney for filing), and there is one renewal date and one renewal fee.

Current Member Countries of the Madrid Protocol include the following:

Major industrialized countries who are not Madrid Protocol Member Countries include: Israel, Egypt, Turkey, Pakistan, India, Canada, and Mexico. If you want protection in any of these countries, an individual application must be filed on a country-by-country basis.

Please note that we are still able to file international applications on a country-by-country basis, including, for instance, in the European Union. Depending on your circumstances, such a country-by-country filing may better suit you.

Advantages to the Madrid Protocol filing of trademark applications include:

• One application is filed with the USPTO;
• The application need only be filed in one language (English);
• There is only one payment for filing;
• No foreign associates are required for filing – it can all be done by our office; and
• The application should be examined more quickly than if filed on a country-by-country basis.

If you are interested in pursuing foreign trademark rights, please contact our office via email or phone (toll free: 877-611-1122; local: 345-1122).