Trademark Registration Through the International Madrid Protocol
The Madrid trademark search and registration system is one of the most important services provided by Serv Institute. By offering the best solutions for international trademark registration through free specialized consultations, the institute makes international trademark registration through the Madrid System possible for you in a short period of time. Madrid trademark registration is an international system administered under the supervision of the World Intellectual Property Organization (WIPO).
Trademark registration in the UAE can be carried out either locally or through the Madrid Protocol. The choice of method depends on the client’s objectives and vision.
What Is Madrid Trademark Registration?
Madrid trademark registration is a system established through an international treaty and agreement involving more than 100 countries worldwide, with the aim of providing international protection for trademarks and safeguarding trademark rights in member countries. This convention is administered by the International Bureau of the World Intellectual Property Organization (WIPO), which is headquartered in Switzerland.
Under the Madrid international trademark registration system, a trademark is examined in accordance with the domestic laws of each designated country, after which international trademark registration is carried out. Unlike traditional methods, where a trademark must be registered separately in each country, the Madrid System offers a simpler registration process and significantly reduces costs.
Benefits of International Madrid Trademark Registration
Businesses around the world can register their trademarks through the Madrid international system. International Madrid trademark registration offers several benefits for your business, including the following:
Significant Savings in Time and Costs
International Madrid trademark registration significantly reduces the costs associated with registering a trademark separately in different countries. Through the Madrid System, you no longer need to pay multiple fees or independently hire local attorneys in each country. In addition, since the registration process can be carried out simultaneously in the selected countries, it helps accelerate the process of obtaining international protection. It also reduces translation costs, eliminates repetitive bureaucratic procedures, and allows fees to be paid centrally in Swiss francs. This makes financial management of the relevant processes more transparent and predictable for companies.
Extensive Coverage in Global Markets
The Madrid System enables your business to obtain trademark protection in a large number of member countries. As a result, your business can operate simultaneously and effectively in regional and international markets. This also helps protect your business against potential misuse. You can select your target countries in the initial application and develop your market expansion strategy either gradually or on a broader scale. This advantage of Madrid trademark registration is particularly important as a competitive advantage for export-oriented companies and growing startups.
Easy Management of Trademark Changes and Renewals
Through the Madrid international trademark registration system, changes such as the transfer of ownership, modification of the name or address, and even renewal of the trademark can be managed through a centralized application. The simple management of trademark changes and renewals eliminates the need to separately register such changes in each country. Keep in mind that international trademark registrations are generally valid for 10 years. This helps reduce administrative costs and the likelihood of errors or inconsistencies between countries.
Strengthened Legal Protection and Preservation of Priority Rights
The Madrid System allows trademark owners to benefit from the priority date of their initial trademark application in member countries. As a result, it helps prevent other parties from registering similar trademarks in target markets. International Madrid trademark registration also provides an opportunity to pursue legal action in designated countries in the event of trademark infringement. Accordingly, it enhances investment security in foreign markets and provides a reliable foundation for the long-term development of your brand.
Increased International Credibility and Brand Reputation
Businesses seeking international Madrid trademark registration demonstrate a professional and long-term approach to global markets. In fact, any brand or business that benefits from international protection can enhance its credibility among business partners, investors, and foreign representatives.
Consultation with Us
Madrid Trademark Registration Process with Serv Institute
Madrid trademark registration involves carrying out several activities, some of which are complex and therefore require the assistance of qualified and experienced professionals. The process of Madrid trademark registration and search is as follows:
1- Reviewing the Current Status of the Trademark
First, for international Madrid trademark registration, you need to ensure that the national trademark registration in the country of origin is valid. Make sure that there are no discrepancies or issues with the existing registration. If your trademark has not been renewed or is subject to legal issues, you must take the necessary steps to resolve them.
2- Selecting New Countries to Add
At the next stage, review your business needs and target markets and, based on these considerations, determine the new countries in which you wish to obtain Madrid trademark protection. Keep in mind that the selected countries must be members of the Madrid System. Otherwise, trademark registration must be carried out nationally and separately in each of the desired countries.
3- Completing the Application Form for Adding Countries (Form MM4)
To add countries to your international Madrid trademark registration, you must complete a specific form known as Form MM4. Make sure to provide all the required information accurately. The information requested in this form may include:
-Applicant and registered trademark information
-The countries you wish to add
-The classification of goods and services for these countries
4- Paying the Additional Fees
When adding countries to your Madrid trademark registration, you must pay the applicable additional fees. The fees for registration under the Madrid System vary depending on the number of countries you select and the classification of goods and services. Madrid trademark registration fees are paid to WIPO and include the following:
-Basic international registration fees
-Fees applicable to each additional country
5- Submitting Form MM4 to WIPO
At the next stage, you must submit your application to the intellectual property office of the country of origin or directly to WIPO. Your application will be processed by WIPO and then forwarded to the countries you have designated.
6- Examination of the Application by the New Countries
After Form MM4 has been submitted to WIPO, the application will be examined by the new designated countries. Each country where protection is requested will separately review your Madrid trademark registration application. The designated countries generally have 18 months to notify you of their decision to accept or refuse the international Madrid trademark registration. If your business trademark does not conflict with the national laws of the designated countries and is not similar to other registered trademarks, the Madrid trademark registration application will be approved. It should be noted that each country separately communicates the outcome of its examination. If your trademark is refused in one country, this refusal will apply only to that country and will not affect the protection of your trademark in the other designated countries.
7- Approval or Refusal of the Application by the New Countries
At the final stage of Madrid trademark registration, following the final approval, WIPO will issue an updated statement of the international registration. This document will indicate the new countries you have designated. The updated WIPO record confirms that your trademark has obtained protection in the newly designated countries and that you will benefit from the legal protection available under their applicable laws.
For information about trademark registration laws and regulations, send us your phone number.
Required Documents for Madrid Trademark Registration with Serv Institute
To register a trademark through the Madrid System, you need to have certain documents available. The documents required for international Madrid trademark registration include the following:
- Completed application form, including the names of the countries concerned
- Official company introduction letter signed by the directors (for legal entities)
- Copy of the applicant’s national ID card
- Copy of the applicant’s birth certificate
- Copy of the trademark registration documents in the country of origin
- Payment receipt for the examination of the international trademark registration application
- Official Gazette notice of company incorporation
- Official Gazette notice of the company’s latest changes (for legal entities)
- Trademark application or original trademark registration certificate in Iran
- Official power of attorney if the process is handled by an attorney
- Important: Copies of all identification documents, including the owners’
**identification documents and documents related to the business activity, must be certified as true copies.
Inactive Member Countries in the Madrid System
Countries that meet any of the following conditions may be considered inactive members of the international Madrid System:
Non-Acceptance of New Applications
Countries that refuse to accept new applications for international trademark registration may be included among the inactive member countries of the international Madrid trademark registration system.
Legal or Administrative Restrictions
Some countries have specific laws and regulations that may not be compatible with the requirements and conditions of Madrid trademark registration. As a result, it may not be possible to obtain trademark protection through the Madrid System in those countries.
Delays in Processing Applications
The processing of a Madrid trademark registration application may be affected by infrastructure, administrative, or legal limitations. In some countries, this may cause delays in the Madrid registration process or result in incomplete processing.
Refusal of Certain Applications
Some member countries of the Madrid System may refuse international Madrid trademark registration applications due to their domestic laws. In such cases, the applicant faces the risk of having the application refused in the country concerned.
Since each country has its own laws and procedures for examining received applications, it is not possible to determine an exact timeframe for international Madrid trademark registration. However, it is estimated that Madrid trademark registration may take approximately 7 to 10 months. After registration and examination by WIPO, your application is forwarded to the designated countries, where it proceeds through their respective legal procedures. If there are a large number of applicants for a particular jurisdiction, you may need to allow additional time to receive the necessary approvals.
Madrid Trademark Registration Costs
One of the most important issues discussed among businesses is the cost of Madrid trademark registration. The fees for international Madrid trademark registration, administered by the World Intellectual Property Organization (WIPO), generally consist of three main types of fees. These include:
Supplementary Fee
For international trademark registrations, a supplementary fee is charged for each class of goods or services beyond the first three classes. Therefore, if your international Madrid trademark registration includes more than three classes of goods or services, you must pay an additional supplementary fee for each extra class.
Complementary Fee
You must pay a complementary fee for each country or region in which you request trademark protection. The more countries or regions added to your Madrid trademark registration application, the higher the total complementary fees will be.
How Long Does Madrid Trademark Registration Take?
The basic fee is charged for filing an international trademark registration application and applies to all applications. The basic fee is generally divided into fees for trademarks in black and white and fees for trademarks in color. It should be noted that a higher fee applies to trademarks in color.
How Long Does Madrid Trademark Registration Take?
Since each country has its own laws and procedures for examining received applications, it is not possible to determine an exact timeframe for international Madrid trademark registration. However, it is estimated that Madrid trademark registration may take approximately 7 to 10 months. After registration and examination by WIPO, your application is forwarded to the designated countries, where it proceeds through their respective legal procedures. If there are a large number of applicants for a particular jurisdiction, you may need to allow additional time to receive the necessary approvals.
FAQ
Madrid international trademark registration is an international system administered by the World Intellectual Property Organization, commonly known as WIPO. Through this international system, you can register your trademark in multiple member countries.
If you need your trademark to be present in several countries around the world or intend to expand into different countries, you can use the Madrid System for international trademark registration.
Serv Institute has extensive experience and expertise in trademark registration through the Madrid System and offers numerous benefits to applicants seeking international Madrid trademark registration.
It should be noted that international trademark registration has its own complexities, and conducting a search for Madrid trademark registration also requires familiarity with international laws and regulations. Having a lawyer and an expert in the field of industrial property helps prevent legal issues and ensures the successful completion of all stages of the process.
In general, the cost of international Madrid trademark registration is divided into three categories: the basic fee, the supplementary fee, and the complementary fee, which we have explained in detail throughout the article.