Madrid Agreement on the International Registration of Trademarks
| Madrid Agreement on the International Registration of Trademarks |
|
|---|---|
| Short title: | Madrid trademark agreement |
| Title (engl.): |
Madrid Agreement Concerning the International Registration of Marks |
| Abbreviation: | MMA |
| Date: | April 14, 1891 |
| Come into effect: | Dates depending on the country |
| Reference: | no |
| Contract type: | Multinational |
| Legal matter: | Intellectual Property |
| Signing: | unknown |
| Ratification : | 55 (October 13, 2017) |
| European Union: | not a member |
| Germany: | December 1, 1922 |
| Liechtenstein: | July 14, 1933 |
| Austria: | January 1, 1909 |
| Switzerland: | July 15, 1892 |
| Please note the note on the applicable contract version . | |
The Madrid Agreement on the International Registration of Trademarks (short: Madrid Trademark Agreement or MMA ) of 1891 is an agreement between a large number of countries through which national trademarks of a member state can also enjoy protection in the other member states and thus an internationally registered (IR) Brand can be created. The agreement was revised in 1900, 1911, 1925, 1934, 1957. Another important revision happened in Stockholm in 1967. According to rule 6 of the agreement, the contractual language of this agreement is French . Alternatively, applications can also be written in English . The Madrid Trademark Agreement is administered by WIPO in Geneva and the fees due are calculated in Swiss Francs . In 2007, 38,471 applications for registration were filed with WIPO.
Procedure for obtaining IR trademark status
In order to be able to use the MMA, the following procedure must be followed:
- successful registration of a national trademark with the national trademark office ( e.g. DPMA ). This mark is called the base mark or origin mark.
- As an alternative to registering a national trademark with the national trademark office, it has recently been sufficient to register a national trademark with the national trademark office (e.g. DPMA).
- Application for example according to § 108 MarkenG at the national trademark office for international registration stating the extension countries
- Forwarding of the application by the national trademark office to WIPO
- Publication of the trademark by WIPO without examination in the trademark journal Les Marques internationales
- WIPO forwarding the application for registration to the designated national trademark offices and examining them to determine whether there are relative or absolute grounds for refusal.
- Provided there are no obstacles, the IR trademark enjoys the same protection as a national trademark in an extension country
The MMA thus simplifies a more cumbersome and expensive parallel filing with a plurality of national trademark offices. However, the IR trademark can still be destroyed in the first five years after international registration if the basic trademark no longer enjoys protection within the five years. The IR trademark enjoys a term of protection of 10 years but can be renewed again and again for a period of ten years, calculated from the expiry of the previous period, by paying the basic fee and, if applicable, the additional and supplementary fees.
Protocol to the Madrid Agreement on the International Registration of Trademarks (PMMA)
| Protocol to the Madrid Agreement on the International Registration of Trademarks |
|
|---|---|
| Short title: | Madrid trademark protocol |
| Title (engl.): |
Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks |
| Abbreviation: | MMP or PMMA |
| Date: | June 27, 1989 |
| Reference: | no |
| Contract type: | Multinational |
| Legal matter: | Intellectual Property |
| Signing: | unknown |
| Ratification : | 106 (January 15, 2020) |
| European Union: | October 1, 2004 |
| Germany: | March 29, 1996 |
| Liechtenstein: | March 17, 1998 |
| Austria: | April 13, 1999 |
| Switzerland: | May 1, 1997 |
| Please note the note on the applicable contract version . | |
In addition to the MMA, an additional protocol was concluded in 1989. This is legally independent next to the MMA, but also affects the MMA. The 55 member states of the MMA therefore had to join the protocol again separately. The totality of the states that have acceded to the agreement or the protocol are called the Madrid Union (in English Madrid Union ).
Organizations can also join the protocol, for example the European Community is an association member. Thus the protocol connects the internationally registered trademark with the system of the EC trademark. A community trademark can therefore be created via an IR trademark . Furthermore, the protocol facilitates the registration of the IR trademark, so that, for example, the international application can be submitted when the national trademark application is filed and does not have to wait until the national trademark is registered. The deadlines and duration of protection are also longer.
Member countries of the MMA and PMMA
| Madrid Agreement on the International Registration of Trademarks | 55 states |
| Protocol to the Madrid Agreement on the International Registration of Trademarks | 106 states |
See also
Web links
- Official website of the Madrid Agreement at WIPO
- Official website of the Protocol of the Madrid Agreement at WIPO
- Text of the MMA (German)
- Text of the MMP (German)
- Archive of the new brand forms - Archive of the new brand forms by Ralf Sieckmann; Contains a database of sound marks, color marks, smell marks, movement marks, hologram marks, taste marks and tactile marks worldwide, also of marks according to MMA / PMMA (as of 2007)
- The current version of the archive of the new brand forms under publications
- ROMARIN database of WIPO for all trademarks registered according to MMA.
Individual evidence
- ↑ a b c 5. Madrid Agreement Concerning the International Registration of Marks (PDF; 85 kB)
- ^ Official part - Washington Treaties of June 2, 1911 concerning the International Union for the Protection of Industrial Property and the International Trademark Registration. In: Wiener Zeitung , April 24, 1913, p. 1 (online at ANNO ). (with: Paris Union Treaty of March 20, 1883 for the Protection of Industrial Property, revised at Brussels, December 14, 1900 and Washington, June 2, 1911; Madrid Agreement of April 14, 1891 on the international registration of factory or Trademarks, revised in Brussels on December 14, 1900 and in Washington on June 2, 1911; [Austrian] law of March 17, 1913, which supplements the law of January 6, 1890, RG Bl. No. 19, regarding trademark protection and is modified.)
- ↑ Summary Report for the Year 2007 ( Memento of the original from May 15, 2012 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 2.7 MB)
