The Madrid Agreement 1891

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The Madrid system consists of two contracts; the Madrid Convention on international trademark registration[fn 1], concluded in 1891 and entered into force in 1892, and the Madrid Agreement Protocol, which came into force on 1 April 1996. The Madrid Agreement and the Madrid Protocol were adopted at diplomatic conferences in Madrid, Spain. In 1966 and 1967, efforts were made to address this problem by creating a new treaty that would reflect the needs of the time, not the world of the 1890s, when the agreement was adopted. This led to the development of the Trademark Registration Treaty (TRT), which was adopted in Vienna in 1973 and came into force in 1980 with five States Parties, namely Burkina Faso, Congo, Gabon, the Soviet Union and Togo. Given that there were no other TRT memberships and that the number of registrations had been low since its inception, it was clear that the TRT would probably not have supplanted the Madrid agreement. At the international level, the first step was the first multilateral agreement, the Paris Agreement on the Protection of Industrial Property, adopted in 1883 [The Madrid Agreement on International Registration]. The system has two-part agreements, namely the Madrid Agreement and the Madrid Protocol. Before the adoption of the Madrid Protocol in 1891, the Madrid Agreement was conceived as a framework for promoting international trademark security and the agreement is still in force. The system, based on both treaties, is named Madrid.

[ Introduction of the Madrid Protocol, Japan Patent Office, Asia-Pacific Industrial Centre] trademarks are territorial rights; if a trademark is registered in a country, it is protected only in that country. If the applicant is to be protected abroad, he or she should, under each legal order, apply for individual rights. The Madrid system offers a unique stop to this problem. Madrid`s application is an agreement for registration and brand management worldwide. [Wipo, www.wipo.int/madrid/en/] Application of Madrid is an admirable system in which a person must submit a single application and pay one of the fees, for brand protection in nearly 122 countries [Ibid.].

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