Madrid system

The Madrid Agreement Concerning the International Registration of Marks ( in short: the Madrid Agreement or MMA) of 1891 is an agreement between a number of countries through which national brands of association state can enjoy protection in the other member States and thus an internationally registered ( IR) brand can be created. The agreement was revised in the years 1900, 1911, 1925, 1934, 1957. Another important revision was done in 1967 in Stockholm. Contract language of this Agreement is in accordance with Rule 6 of the French. In the alternative, applications can also be written in English. The Madrid Agreement is administered by WIPO in Geneva and the fees are measured in Swiss francs. In the year 2007 38.471 applications were submitted for registration at WIPO.

Procedure to obtain the status of IR mark

To use the MMA, the following procedure must be carried out:

The MMA simplifies a laborious and expensive parallel application at a plurality of national trademark offices. However, the IR mark is still in its first five years of the international registration is voidable, if the basic mark during the five years no longer protected. The IR mark enjoys a protection period of 10 years but can always return for a period of ten years from the expiration of the previous period to be renewed by payment of the basic fee and, where appropriate, supplementary and complementary fees.

Protocol relating to the Madrid Agreement Concerning the International Registration of Marks ( PMMA)

In addition to the MMA in 1989 an additional protocol has been closed. This is in addition to the legally independent MMA, but also affects the MMA from. States must, even if they are already Member States of the MMA, accede to the Protocol separately. The whole of the States, the two agreements acceded to, hot Madrid Union.

Also for example, organizations can join the protocol, then the European Community Association member. Thus, the protocol combines the internationally registered mark with the EC mark system. About an IR brand so a Community trade mark to be created. In addition, the protocol facilitates the registration of the IR mark, so that, for example, the international application may be filed with already setting the national trademark application and does not need to wait until the registration of the national brand. The dates and duration of protection are longer.

Member countries of the MMA and PMMA

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