Madrid Protocol: Is It For You?
By Matthew J. Himich
The Madrid Protocol provides a centralized system for trademark
filings. To date, over 80 nations and international organizations
are members of the Madrid Protocol. The U.S. has been a signatory
to the Madrid Protocol for over eight years, but the potential
benefits and pitfalls are still unknown to many. While a U.S.-based
trademark owner may use the Madrid Protocol and enjoy a
cost-effective procedure to protect its mark and streamline its
filings, there may be situations where filing separate trademark
applications with national trademark offices makes more sense.
Using the Madrid Protocol, a U.S. company may extend protection
for a trademark in one or more member countries by electronically
filing with the U.S. Trademark Office an international application
designating member countries where trademark protection is sought.
A U.S. company may base its international application on an
existing U.S.