The Madrid System includes the Madrid Protocol and the Madrid Agreement. Madrid protocol was adopted in the year1989. The Madrid System is an administrative center that provides one step solution for registering the Trademark worldwide. Thus, allowing the trade mark owner to file one application in one language for multiple country registration by paying one set of fees. There are more than 120 contracting countries, thus representing 80% of world trade.
However, the owner needs to satisfy few criteria in order to apply under Madrid Protocol.
The applicant should file a national application or have a registered mark in the home country.
The applicant must be:
- a citizen of that nation, or
- a domicile of that nation; or
- Should have real and effective business or commercial establishment.
Madrid system grants trademark protection for a period of 10 years. Though it can be renewed by paying the prescribed fees.
In case the applicant wants to extent its trade mark registration beyond the contracting states, the applicant must request such in the office of origin of WIPO. The requested country shall examine the trademark before accepting the trade mark. On accepting such application, WIPO takes the responsibility of publishing, recording and notifying such to the designated parties and send them the certificates.