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Madrid Protocol

The Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks -- the Madrid Protocol -- is one of two treaties comprising the Madrid System for international registration of trademarks.  The protocol is a filing treaty and not a substantive harmonization treaty.  It provides a cost-effective and efficient way for trademark holders -- individuals and businesses -- to ensure protection for their marks in multiple countries through the filing of one application with a single office, in one language, with one set of fees, in one currency. Moreover, no local agent is needed to file the application.  While an International Registration may be issued, it remains the right of each country or contracting party designated for protection to determine whether or not protection for a mark may be granted.  Once the trademark office in a designated country grants protection, the mark is protected in that country just as if that office had registered it.  The Madrid Protocol also simplifies the subsequent management of the mark, since a simple, single procedural step serves to record subsequent changes in ownership or in the name or address of the holder with World Intellectual Property Organization's International Bureau.  The International Bureau administers the Madrid System and coordinates the transmittal of requests for protection, renewals and other relevant documentation to all members.

Special Notices

TEASi International Application Priority Deadline

If you have a priority filing deadline of today and cannot file electronically, please fill out the MM2 form from the WIPO website at http://www.wipo.int/madrid/en/forms/ and then file a “Petition to the Director under Trademark Rule 2.146” (http://www.uspto.gov/trademarks/teas/petition_forms.jsp) using the basic application serial or registration number.  Attach the MM2 form in the “File Upload” section.  Request that the $100 petition fee be applied to the U.S. certification fee(s).  Indicate whether you would like to be contacted to provide the international application fees, that you authorize payment to USPTO deposit account or that you will pay WIPO directly.  You will be notified of any certification fee deficiency. Once the petition is filed, contact the Petitions Office at 571-272-8950 and let them know that an International Application was filed by petition.  Provide the basic application serial or registration number used for filing the petition and request that processing be expedited.

Laws

 

United States Patent and Trademark Office
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Last Modified: 1/31/2013 6:34:12 PM