Here is the overview of the procedure for filing an application for international registration of a mark through the Madrid System.
After applying for or getting registered a mark with the local or domestic office, it is considered as a “Basic Mark”. Further, a Form MM2 is required to be sent to the local office or the office of origin which forwards it to WIPO.
In order to file the international application, the applicant must have to meet the following requirement:
The applicant must:
- have a business in a Contracting Party, or
- be domiciled in a Contracting Party, or
- be a national of a Contracting Party
Basic application/registration (“basic mark”)
The applicant must have applied for or registered a mark with the Office of Origin. This application or registration is known as the “basic mark”.
Note: An “Office of Origin” is one of the office of the Contracting Parties in which the applicants apply for or register their basic marks. Whereas,”Contracting Parties” constitute Madrid Union, and are parties to the Madrid Agreement and the Madrid Protocol.
The below table demonstrates 98 members (Contracting Parties)of the Madrid Union. You can further select while filing your international application the Contracting Parties where you wish to protect your mark which can later be expanded under the Madrid System.
After applying for or registered a mark before your local Office, it can be used as the basic mark while filing an international application through the Madrid System.
Thus, in order to do so, Form MM2 must be used.
This form is required to be sent to your local Office (Office of origin). You cannot send it directly to WIPO.
Your international application should contain at least the following information:
- Name and address of the applicant;
- A reproduction of the mark, which must be identical to your basic mark (your local application or registration);
- Designation of the Contracting Parties in which the mark is to be protected. Note that you cannot designate the Contracting Party of your Office of origin;
- A list of the goods and services for which the mark is to be protected. This list must be identical to or narrower than the list in the basic mark;
- The international application fees.
The fee structure under the international filing comprises of:
- A basic fee;
- A supplementary fee (depending on the number of classes of goods and services to be protected); and a complementary fee (depending on the number of designated Contracting Parties), or
- Individual fees depending on the designated Contracting Parties
You can estimate your fees through the Fees calculator.
Click here for more information about the fees and the payment method under the Madrid system.
Advantages Of Filing An International Application Under Madrid Protocol
- There is a lower cost of the international filing as compared to individual foreign filings.
- Better and easy management of renewals, changing of address, change of ownership and it is anytime more cost-effective.
- Many other countries can be designated at a later stage also.