INTERNATIONAL TRADE MARKS
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1. INTRODUCTION.
The International Trade Mark system simultaneously grants the protection of Trade Marks in different countries provided that they form part of the Madrid Agreement and/or Protocol on international trade marks.
2. COUNTRIES WHICH MAY BE DESIGNATED.
Current list from WIPO
3. PROCESSING.
The application is made by means of a single filing, which afterwards undergoes the same procedure as a national application in each designated country, with a decision being taken as to whether it should be granted or rejected, irrespective of the fate of the application in the other designated countries.
4. REQUIREMENT OF A BASIC APPLICATION OR REGISTRATION.
One of the requirements in order to apply for an International Trade Mark is to have previously obtained a registered trade mark (basic registration), in countries that form part of the Agreement, or to have filed an application which must become registered (basic application), for member countries of the Protocol in the country of origin. The basic registration or application must be identical to the International Trade Mark.
5. DEPENDENCE ON THE BASIC REGISTRATION
The International Trade Mark is dependent on the former trade mark for the five years following its registration. In member countries of the Madrid Agreement, successful actions for the nullity or revocation of the basic registration purport that the International Registration becomes void in all of the designated countries. In member countries of the Protocol, it is possible, nevertheless, to convert the International Trade Mark application into a national trade mark application.
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