Madrid Protocol

 

Consider Madrid Protocol a Mall with different Shops inside. Similar to PCT, BUT, not the same. There’s difference between similar & same patterns. So, on conceptual level, both are similar as providing one gateway to different outlets, but, differ in its architecture, implementation & rules. If one wants to protect a TM (trademark), globally, can either choose to proceed individually in every Nation, or, can enter this gateway (WIPO) where one would be routed to different channels i.e. designated contractual member nations, part of this treaty.

To be eligible to apply, one needs to have a basic registration or application in the home country, the priority of which shouldn’t be more than past six months, of any earlier application filed; else the priority would be discarded or considered as irregularity. An Applicant can elect the designated member countries where it wants to protect its TM, pay in CHF, which then would be routed to different designated member parties for the registration right, BUT, proceeded as if filed in the domestic or local jurisdiction, separately; status of which would be decided as per local/domestic acts & rules; decision of such would be notified back to WIPO + Applicant. Depending on acceptance, refusal, invalidation, rectification, no response; one can challenge the order at the domestic level, wherever whenever required. An International Register contains status of TMs, which keeps fluctuating, subject to renewal (as term of TM is ten years) or invalidation or rectification, as & when, the status of TMs change, in different designated States, & can be monitored. In some cases, an intent to use TM is needed. Note, both Patents & Trademarks aren’t alike domain name Parking with the Registrar. There should be both Intent to USE & the USER. 😊

© Pranav Chaturvedi