The International Trademark System in Madrid

Published:
February 4, 2021
startup 849804 1920

Trademark rights are distributed geographically. The system of Madrid jurisdiction is an economical and convenient enough solution to register and manage a trademark from anywhere in the world. The system of international registration of trademarks, adopted in Madrid, offers owners of certain brands the opportunity to apply a trademark and protect its uniqueness and autonomy through a single procedure, using one language and paying a single set of state fees.

Key benefits of the Madrid system

Companies operating internationally can benefit from the following advantages of the Madrid system:

  • simplified procedure for filing documents, which helps to significantly save money;
  • all administration processes are optimized and registered centrally, updated and supported in the same way;
  • application and communication is done in the language of the candidate’s choice (Spanish, English or French offered);
  • there are no requirements for the appointment of local representatives;
  • there is no need to comply with any documentary formalities, for example, draw up a power of attorney;
  • the geographic protection of an international mark can be extended at any time. New designations can be added as soon as they may be needed within the commercial interest of the owner;
  • limited inspection period, which is fixed at 1 year or 18 months;
  • that the owner of the mark can designate the European Union as an IR would be an ideal way to protect the trademark within the EU. The IR system makes it possible to convert an EU designation into a designation used at the national level in each of the states not subject to objection. This is a much less burdensome and complex mechanism than converting a mark by filing an application with the appropriate authorities.

The main disadvantages of the system adopted in the Madrid jurisdiction

  • State compliance. The Madrid jurisdiction system is not a substitute for the local legal framework for trademarks. The mark also cannot circumvent local requirements, for example, in the United States a demonstration of continued use of the trademark is required before it can be registered.
  • Centralized attack. International registration is subject to the original application or registration within five years from the date the international registration was made. The original application or registration of most New Zealand trademark owners will be considered their application or trademark registration. In the event that the original application is unsuccessful or the initial registration is canceled, the international registration will also terminate. However, there is a provision regarding the transformation of rights under an international registration into a single national application.
  • Narrowing of the granted rights. The dependence of the international registration on the original application implies that any restrictions that apply to the main trademark may affect the rights granted to the owner in the designated states in some way.
  • Property rights. The international registration of the original trademark is unaffected by changes in ownership. Thus, the documentation relating to the change of ownership of a mark must contain the necessary guarantees from the new owner so as not to jeopardize the cancellation or prohibition of the international registration.

How many countries can you embrace? At the discretion of the owner. Depending on the countries required, the cost of filing an application for registration of a national trademark may be slightly more expensive or cheaper. In addition, for some symbols, the more stringent requirements of the Protocol apply in comparison with national requirements.

Will the trademark usage be the same for every country? IR does not change to use each designation, but it is possible to restrict services or goods to some extent to the jurisdiction of a particular country.

What states can you designate? Some jurisdictions offer a greater vulnerability to a right acquired through IR than to a right obtained through national registration. That is why, it is better to refuse to use a universal strategy for registration. Instead, it would be more expedient for companies to resort to the Madrid system, taking into account all its advantages, including lower costs and greater efficiency, which is important for protecting the mark in world markets.

Please note that after Brexit, the UK is no longer designated as the EU on the IR application.

Related insights

Advantages of buying property with a real estate agency

Acquiring estate is a complex endeavor. While saving up the necessary funds is challenging in itself, it’s only the beginning. Verifying papers, drafting contracts, navigating the purchase agreement, and registering the housing – each step presents feasible pitfalls that could leave you both financially and literally homeless.  Therefore, selecting the right seller is paramount to…

Read more 18.06.2024

Discover the benefits and pitfalls of investing in property in Bali

Bali attracts everyone from digital nomads and entrepreneurs to retirees and the ultra-wealthy. The island’s enduring popularity among tourists combines with a vibrant local market, presents lucrative chances. Nevertheless, discrete analysis is crucial. This article highlights pros and cons of investing in property in Bali and other details you may be interested in. Why Bali’s…

Read more 18.06.2024

A guide to paradise: discovering the beautiful world of Bali for property investment

Bali, the jewel of Indonesia, is no longer just a traveler’s paradise – it’s an investor’s dream realized.  The island’s allure extends far beyond its captivating beauty, fueled by a potent combination of surging tourism and unwavering economic strength. This tropical haven boasts an enviable economic track record. Indonesia’s GDP has witnessed a remarkable upswing,…

Read more 18.06.2024

Obtaining residence permit and citizenship in Turkey when buying a property

Dreaming of life under the Turkish sun? A Turkish Residency Permit is your ticket to a carefree holiday. Residency allowance not only legalizes your stay for a year or more but also opens doors for work, depending on the type of document obtained. Learn who can get the coveted status, under what terms, and what…

Read more 03.06.2024

NIE NUMBER in Spain: Definition, Types, Procedure and Papers

Provided that you are a non-citizen, buying a property in Spain is possible with the NIE. It is your unique number as a non-citizen. It’s vital for various activities, from buying housing to making a bank account. However, it’s important to note that the NIE alone doesn’t grant lawful residency. This article will guide you…

Read more 28.05.2024

How to Purchase a Property in Spain

Buying a property in another state offers numerous chances, from generating rental income to becoming a resident or even a citizen. With a diverse range of places to choose from, finding the ideal house in Spain is within reach. While the acquiring procedure may appear daunting at first, this guide provides a clear and concise…

Read more 28.05.2024

Gaming license in Portugal

The gaming industry in Portugal has seen substantial growth, prompting both local entrepreneurs and global investors to explore opportunities in this lucrative market. Understanding the legal framework for obtaining a gaming license in Portugal is essential for those interested in documenting this sector. This comprehensive guide covers the essentials of the gaming-license process, the associated…

Read more 27.05.2024

Buying A House In Spain In 2024

Acquiring housing requires careful navigation of legal procedures and a keen awareness of the accommodation market. Before investing, in-depth investigation is vital to avoid scams, understand taxation, and stay ahead of market changes.  This guide provides valuable insights for a smooth transition to homeownership in Spain, whether you’re interested in coastal areas or major cities….

Read more 27.05.2024

Buying an apartment in Spain: Is it a good idea

Acquiring a property in Spain can be an appealing choice for numerous international investors. The country boasts stunning beaches, a pleasant climate, and a rich culture that draws people from various backgrounds. In this article, we will delve into the reasons why investing in an apartment in Spain is a wise decision. Embracing the Mediterranean…

Read more 21.05.2024

How does the Process of Buying a Property in Turkey Work?

Turkey, with its rich cultural heritage, stunning landscapes, and booming real-estate field, has become an increasingly popular destination for possession investing. Whether you’re looking for a holiday home, a retirement retreat, or a lucrative investing possibility, guiding the method of Purchasing Property in Turkey can be an exciting yet daunting task. In this comprehensive guide,…

Read more 13.05.2024

Crypto license in the Dominican Republic

Crypto has significantly altered the economic landscape globally, offering innovative ways to transact and invest. As these digital assets gain traction, various countries are establishing adjustment substructures to oversee their use and protect investors. The Dominican Republic, known for its progressive policy to technology and finance, has also begun to navigate the complex terrain of…

Read more 24.04.2024

5 Best jurisdictions for Gaming license

In the vibrant realm of online-gaming, selecting a jurisdiction for achieving gaming permission transcends a mere adjustment formality; it’s a crucial decision impacting field access, tax obligations, and the brand’s prestige. A wise choice can unlock doors to profitable fields, build trust among players and partners, and ensure a stable legal framework conducive to growth….

Read more 17.04.2024