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ARTICLE · 10 FEBRUARY 2012

TC’s Inside IP- Winter 2011/2012

The Madrid Protocol provides a centralized system for trademark filings.

United StatesIntellectual Property

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.

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