Jamaica, Chile and Cape Verde and have all recently acceded to the Madrid Protocol international trade mark system, becoming the 110th, 111th and 112th members of the system. The relevant dates in each territory for the Madrid Protocol entering into force are:
- Jamaica - 27 March 2022
- Chile - 4 July 2022
- Cape Verde - 6 July 2022
The Madrid Protocol allows trade mark owners located in one member country of the Madrid Protocol system to obtain trade mark protection in any of the other 111 member countries through the filing of a single international trade mark application.
The Madrid Protocol currently extends to many countries of general commercial importance, including the UK, EU, US, Japan and China. Once granted, it is possible for owners of Madrid Protocol trade mark registrations to extend their trade mark protection to other member countries within the system as their business needs change. Due to the flexibilities of the system, using the Madrid Protocol to obtain trade mark protection overseas can be a very cost-effective mechanism, and can also simplify management of the trade mark portfolio moving forward.
However, it is important in any trade mark filing strategy to consider the possible limitations of using the Madrid Protocol; perhaps most significantly, if the home registration on which the Madrid Protocol trade mark is based is cancelled or otherwise limited in the first 5 years, then the Madrid Protocol trade mark is similarly affected.
The accession of Jamaica, Chile and Cape Verde reinforces the position of the Madrid Protocol as a key component in the international trade mark system by offering an efficient and practical route for securing protection in an ever expanding number of countries, and our trade mark attorneys are on hand to provide strategic advice on the merits of using the Madrid Protocol system in order to match your specific commercial needs.
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.