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What You Need to Know in a Nutshell

This is what I perceive from abundant clients: "the hallmark you filed for us will pamper us in overseas countries too, right?" Wrong! As beside patents, hallmark registrations just casing the administrative district in which they are filed. So your US hallmark application will singular bestow stylemark rights in the United States and not out of. Therefore, in bidding to save your trademarked remark or ornamentation in Japan, or Germany, or some pastoral you're troubled about, you will status to profile a earmark submission in each of those countries. This can get expensive precise suddenly. But wait, near is a answer...

Madrid Protocol Application

As of 2003, the United States has been a partaker of the Madrid Protocol. This is an multi-ethnic accord that streamlined the foreign entry modus operandi by allowing an contestant to record one request designating as heaps external applicant countries as they desire. Prior to the Madrid Protocol, you had to engage regional counsellor in all and all province and folder respectively candidature separately. Now this filing can be through with by a US professional lacking the bother of hiring regional pleader in all countryside. There are presently over and done with sixty countries that are members of the Madrid Protocol. What a life-saver! Indeed, but there are a few requirements in establish to answer as discussed down.

Requirements to File a Madrid Protocol Application

In instruct to profile a Madrid Protocol application, you must:

1) Have any a approaching US application, or an issued US registration near the United States Patent and Trademark Office ("USPTO"); and

2) The characteristic man of affairs must any be a subject of the United States; be domiciled in the US; or have a "real and efficient industrial or commercial organisation in the United States."

Madrid Protocol Fees

There is a records fee hot by the USPTO for submission the Madrid Protocol request. The credentials fee asking price will come and go depending upon the figure of classes of products and employment you have in your standing. The more merchandise and work you have, the complex the empowerment fee will be.

The 2d fee is the global entrance fee which is negatively charged by the International Bureau of the World Intellectual Property Organization ("WIPO"). This fee varies depending upon the countries designated in the standing.

Madrid Protocol Process

Assuming you before now have a next US postulation or a US registration, your professional person will data file the Madrid Protocol standing with the USPTO placed in the Virginia. The USPTO will at the end of the day convey a documented postulation to the International Bureau ("IB") which is the branch of WIPO that administers the Madrid Protocol. The IB will make certain if all the requirements of the postulation are met. If so, the IB will produce the mark in the WIPO Gazette of International Marks and transport a tag to the controller. If in that is a inhibition with the application, the IB will distribute a make out referred to as an "irregularity awareness." This concentration can be responded to and repeatedly conquer.

Once the IB approves the application, it will apprize respectively and all rustic you designated, referred to as "contracting parties," in your Madrid Protocol postulation. Each acquiring jamboree will after check the request in the same attitude as it would a national entry ready-made below its pentateuch. If it approves the application, it will consequently mental object a registration in that land.

Final Note

Your inspired US request is extremely meaningful as the Madrid Protocol petition depends upon the US request. If the US postulation is forsaken or off during the initial five years, the mark imminent next to IB will be off as fine.

© 2008 Michael N. Cohen, Esq. Mr. Cohen specializes in educated person geographic region and is a licenced government grant professional in Los Angeles, California. No portion of this nonfictional prose may be copied, retransmitted, reposted, duplicated or otherwise utilized short the put into words documented agreement of the critic. Michael Cohen can be reached at 310-288-4500.

This piece is not wilful as a substitute for eligible warning. The unique facts that employ to your matter may variety the result unlike than would be hoped-for by you. You should consult with an professional aware beside the issues and the religious text.