Scope of Right

Applications must be based on a national application or registration in a member state of the Madrid Protocol*. Applications are filed at the national Trade Mark office of the ‘home’ application or registration who pass the application to the World Intellectual Property Office (WIPO) in Geneva. WIPO conducts a formalities examination and then the application is granted covering all the countries specified. The Trade Mark Offices of the countries specified then have eighteen months to oppose the registration. An International Registration can only cover members of the Madrid Protocol. All rights in an International Registration date back to the day of filing, not the date on which the registration is granted.

Information Required to File Application
  • Applicant
  • Country and, if appropriate, state of incorporation of the Applicant;
  • The Trade Mark
  • Good representation of the logo or design
  • Indication of Goods and Services sold or to be sold under the Trade Mark (all goods/services placed in 45 classes - classification list available)
  • Countries to be covered by application
  • Details of an application on which Convention Priority is to be claimed.

*Member States of the Madrid Protocol:

Antigua & Barbuda

Armenia

Australia

Austria

Belarus

Belgium

Bhutan

Bulgaria

China

Cuba

Czech Republic

Denmark

Estonia

Finland

France

Georgia

Germany

Greece

Hungary

Iceland

Ireland

Italy

Japan

Kenya

Korea (North)

Korea (South)

Latvia

Lesotho

Liechtenstein

Lithuania

Luxembourg

Macedonia

Moldova

Monaco

Mongolia

Morocco

Mozambique

Netherlands

Norway, Poland

Portugal

Romania

Russian Federation

Serbia & Montenegro

Sierra Leone

Singapore

Slovakia

Slovenia

Spain

Swaziland

Sweden

Switzerland

Turkey

Turkmenistan

Ukraine

United Kingdom

Zambia

The content of this article does not constitute legal advice and should not be relied on in that way. Specific advice should be sought about your specific circumstances.