How to file your new trade marks - the new Madrid System
The Madrid System is an international filing system for trade marks, allowing one trade mark application to be filed, with one set of application1 fees, designating numerous countries around the world. It is a great opportunity for businesses to file trade marks internationally efficiently and cost effectively.
To avoid the traps incumbent with international applications, particularly around different regulations and market requirements, you will need expert IP2 help.
We are also expecting increased international branding activity in New Zealand, as overseas businesses utilise the Madrid System to protect their marks here. Branding rights in New Zealand are likely to become more crowded and competitive.
Now is a good time to review your trade mark portfolio, both within New Zealand and globally. James & Wells specialises in assisting businesses strategise, protect and enforce trade mark rights nationally and internationally. We have hands on experience with the Madrid System, having helped our Australian clients protect their marks under this system for a number of years. We are fully conversant with the Madrid System and will hit the ground running for you.
Footnotes
1In most jurisdictions patent applications are subjected to an examination process to determine whether the subject matter is novel and inventive. The terms "application", "pending" or "patent application" are used to describe the status of the application up to grant.
2Refers to the ownership of an intangible thing - the innovative idea behind a new technology, product, process, design or plant variety, and other intangibles such as trade secrets, goodwill and reputation, and trade marks. Although intangible, the law recognises intellectual property as a form of property which can be sold, licensed, damaged or trespassed upon. Intellectual property encompasses patents, designs, trade marks and copyright.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
James & Wells Intellectual Property, three time winner of the New Zealand Intellectual Property Laws Award and first IP firm in the world to achieve CEMARS® certification.
