The United States – Three Years on by Jason M
K THE MADRID PROTOCOL – AN INDUSTRY VIEW The United States – three years on By Jason M. Vogel of Kilpatrick Stockton he United States joined the Madrid Union are Canada, Mexico, most of Latin Protocol on 2 November 2003. America, New Zealand, South Africa, TAlthough adoption by U.S. trademark Taiwan, Hong Kong, Malaysia, the owners of this multinational trademark Philippines, Indonesia, Thailand, Israel, India registration system was perhaps a bit slow and Pakistan, although there are efforts initially, the U.S. now represents the third underway in many of these countries to join. largest user of the system, with over 2800 The process of filing for an International international applications filed in 2005, or 8.5% Registration (“IR”) under this system can be of the total of 33,565 applications filed that tricky. As an initial matter, the Madrid year.1 This article, will explain the nuts and system is only available to individuals or bolts of how the system works, and provide legal entities that are nationals of, are some practice pointers for deciding when to domiciled in, or have a real and effective use the system and how to avoid common commercial or industrial establishment in, a pitfalls that are endemic to the system. country that is a member of the Madrid The “Madrid Protocol Relating to the Union. Such country in which the Madrid Agreement Concerning the international applicant qualifies for International Registration of Marks,” was participation in the Madrid system is adopted in June 1989 as an outgrowth of an referred to as the applicant’s “Country of 1891 trademark treaty entitled the “Madrid Origin.” For U.S.
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