In part one of our blog, we outlined how the changes to Canada’s trademark law can benefit trademark applicants looking for more protection for their trademark. Canada’s decision to partner with the Madrid Protocol has created an accessible and efficient method for applicants to obtain trademark protection in a large number of countries worldwide.
Here are some questions people ask about the Madrid Protocol.
Frequently Asked Questions About the Madrid Protocol:
- What Can I Apply For? You can apply for nearly any mark that is accepted in member countries. This broad international application can include a variety of goods and services. Some areas (such as the United States) require more specific wording than other areas.
- How Do I Apply for an International Application? While it is possible to file your own application, it can be beneficial to hire a trademark agent to assist with the process. International applications are filed through the World Intellectual Property Office.
- Why can’t I just apply in each country I want protection in? You can absolutely decide to file applications in each individual country, however this tends to be more expensive as foreign agents are often required in each of those countries. There are number of advantages to filing an international application.
- What is an Examination?WIPO will perform a formalities examination to ensure there are no issues with your trademark. Then your International Registration will be officially registered and sent to each of the offices listed on it.
Member Countries
As of the time of this post, the following countries are members of the Madrid Protocol:
Afghanistan, African Intellectual Property Organization (OAPI), Albania, Algeria, Antigua & Barbuda, Armenia, Australia, Austria, Azerbaijan, Bahrain, Belarus, Benelux, Bhutan, Bonaire, Saint Eustatius and Saba, Bosnia and Herzegovina, Botswana, Brunei Darussalam Bulgaria, Cambodia, Canada, China, Colombia, Croatia, Cuba, Curaçao, Cyprus, Czech Republic, Denmark, Egypt, Estonia, Eswatini, European Union, Finland, France, Gambia, Georgia, Germany, Ghana, Greece, Hungary, Iceland, India, Indonesia, Iran, Ireland, Israel, Italy, Japan, Kazakhstan, Kenya, Kyrgyzstan, Laos, Latvia, Lesotho, Liberia, Liechtenstein, Lithuania, Madagascar, Malawi, Mexico, Moldova, Monaco, Mongolia, Montenegro, Morocco, Mozambique, Namibia, New Zealand, North Korea, North Macedonia, Norway, Oman, Philippines, Poland, Portugal, Romania, Russian Federation, Rwanda, Samoa, San Marino, São Tomé and Principe, Serbia, Sierra Leone, Singapore, Sint Maarten, Slovakia, Slovenia, South Korea, Spain, Sudan, Sweden, Switzerland, Syria, Tajikistan, Thailand, Tunisia,Turkey, Turkmenistan, Ukraine, United Kingdom, United States of America, Uzbekistan, Vietnam, Zambia, and Zimbabwe.
We would be happy to answer any questions or concerns you have about trademarks. If you are ready to move forward with your own trademark application, contact us today.