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Overview of the Madrid System

TAIEX Seminar on IP rights The Madrid System for the International Registration of Marks Ankara - November 7, 2005 Marie Paule Rizo, WIPO. 1. Overview of the Madrid System. Madrid System 78 Members. Madrid System. (includes EC).

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Overview of the Madrid System

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  1. TAIEX Seminar on IP rightsThe Madrid System for theInternational Registration of MarksAnkara - November 7, 2005Marie Paule Rizo, WIPO

  2. 1. Overview of the Madrid System

  3. Madrid System78 Members Madrid System (includes EC) Agreement and Protocol 45Protocol Only 22Agreement Only 11

  4. Aims of the Madrid System • To facilitate the registration of trademarks at an international level • To facilitate the management of trademarks after registration

  5. The national route file in many Offices file in many languages fees in many currencies appoint numerous agents results in many national registrations requires many renewals changes recorded via each national Office The international route file in one Office of Origin file in one language fees in one currency local agents only if refused results in one international registration requires one renewal changes recorded via the International Bureau Route offered by the Madrid System

  6. Advantages offered by the Madrid System Registration and Administration of Trademarks in up to 78 Contracting Parties • through a single procedure • with a single administration • in a single language • on payment of a fee in a single currency (Swiss Francs)

  7. Advantages of the Madrid System • Facility • Administrative efficiency • changes in name/address or ownership • renewal • Flexibility • subsequent designations • limitation, renunciation, cancellation • Economy

  8. Basic Principles of the Madrid System • Closed system nationality • need of a connection with a Contracting Party domicile • protection only in the other Contracting Parties establishment • Need of a basic application or basic registration • One international application one international registration • Possibility of refusalby designated Contracting Parties within time limits

  9. Elements of the Madrid System Madrid Agreement of April 14, 1891 Madrid Protocol adopted on June 27, 1989 • Common Regulations • latest revision 2004 • Administrative Instructions • National Law

  10. Basic Procedure under the Madrid system Precondition: basic application or basic registration Certifies that the data in international application = those in basic application or basic registration OFFICE OF ORIGIN InternationalApplication Checks formalities Records in the International Register Publishes in the International Gazette Notifies designated Contracting Parties INTERNATIONALBUREAU Substantive Examination OFFICE OFDESIGNATEDCONTRACTINGPARTY refusalwithin set time limits no refusal = effect of anational registration refusal

  11. Link with the CTM System (EU) • CTM application/registration can be a basis for an international application under the Madrid Protocol • EC can be designated in an international application or subsequently (subsequent designation) under the Madrid Protocol

  12. 2. Current Status

  13. Accessions Since November 2003 • United States of America November 2003 (P) • Cyprus November 2003 (P+A) • Islamic Republic of Iran December 2003 (P+A) • Croatia January 2004 (P) • Kyrgyzstan June 2004 (P) • Namibia June 2004 (P+A) • Syrian Arab Republic August 2004 (P+A) • European Community October 2004 (P) • Bahrain December 2005(P)

  14. International applications (1996-2005)Applications filed (1996-2004) and estimates for 2005Annual growth rates

  15. Top filer MembersApplications filed from January to August, 2004-2005Shares within total filings in 2005 and growth rates as compared to 2004

  16. Top Holders of International RegistrationsList of 21 top holders of international registrationson August 31, 2005

  17. Some Figures concerning TR 2002 2003 2004 Total IRs 22,23621,84723,379 Origin: TR 419 408 407 Design.: TR 5,458 5,878 6,272

  18. Some Figures ... January-August 2005 Total IRs 22,691 Origin: TR 518 Design.: TR 4,104

  19. The End. Thank you! For further information, visit www.wipo.int/madrid/en/

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