Canada is joining the Madrid Protocol! It's just
like the Bourne Ultimatum, but okay it's not at all. The Madrid
Protocol is what makes it relatively easy to get your trade mark
registered in multiple countries at the same time without having to
file a separate application in each one.
We've got a bit of a soft spot for the land of maple syrup
and moose (we employ more Canadians than we do people from the
Shire) but Canada's trade mark laws were in serious need of an
update to bring it up to speed with its international trading
Thankfully, Canada has seen the (Northern) light and recently
passed legislation to implement a number of international
agreements relating to trade marks, but most importantly, to bring
the Madrid Protocol to Canada. The changes are expected to come
into force sometime next year.
Obviously, we are excited because Australia is already part of
the Madrid Protocol, so getting your Australian trade mark
registered in The Kingdom of Ryan Gosling, and over 90 other
countries, can be as simple as ticking boxes on a form (to
designate member states in which you would like protection) and
sending it to your friendly local trade mark office, IP
After a formalities check, it is usually a matter of waiting for
the relevant trade mark office to confirm that there are no
substantially similar trade marks on its register and for the
opposition period to expire. While the process does take some time,
it can make renewing your international trade marks a very simple
one payment task.
Canada will join big players such as the USA, China, India, the
United Kingdom, the European Union and of course, Australia, in the
international trade mark registration system. There are still a
number of countries missing from the Madrid Protocol dance card but
many are expected to join the party in the coming years, such as
Brazil, Malaysia, Thailand and Indonesia. As technology continues
to enhance global business relations, we predict more countries
will follow Canada's snowy footsteps and join the Madrid
We do not disclaim anything about this article. We're
quite proud of it really.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
IP is the legal property in the innovation in your business and it is that which drives your revenue and profit growth.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).