Madrid Protocol
Madrid Protocol
Primus IP is competent and knowledgeable in intellectual property registration, including the Madrid Protocol. With our professional team of trademark attorneys, we provide a reliable service to help keep your trademark safe.
About Primus IP
How the Madrid Protocol Functions
Governed by the World Intellectual Property Organisation (WIPO) in Geneva, Switzerland, the Madrid Protocol is an international system for registering as well as managing trademarks. The Madrid System provides a cost-effective, comprehensive, and convenient solution, allowing trademark owners to easily apply for protection for their trademarks worldwide.
The Benefits of Madrid Protocol
The Madrid Protocol streamlines the international trademark registration process. Under the Madrid System, trademark owners are able to provide international protection to their trademarks by paying a single set of fees and filing a single application in one language. The system enables owners to alter, renew or expand their international trademark portfolio effectively through one centralised system.
Filing an International Application in Malaysia
In Malaysia, one must follow a few rules to be entitled to utilise the Madrid Protocol. Basically, the applicant must abide by these four guidelines:
Eligibility
- Applicants must be a Malaysian citizen;
- A corporation or entity incorporated or established under Malaysian law;
- An individual domiciled in Malaysia; or
- An individual who has an effective commercial or industrial establishment in Malaysia.
Information Needed
Applicants must provide accurate information when filing for the application. Below are the essential information needed:
- The applicant's information (full name and contact details)
- A reproduction of the mark
- The designations of the Contracting Parties against whom protection is requested
- The list of services and goods for which protection is requested
Basic Mark
To apply for the Madrid Protocol, the applicant must have registered or have already filed a mark in Malaysia. The mark is regarded as the basis of an international application.
An application can be founded on one mark or various identical marks with different services and goods. It’s important to remember that the mark and the international application must:
- Be owned by the same owner(s)
- Be the same mark(s)
- Have an identical or a smaller list of services and/or goods.
Language Used In Application
Every applicant must apply in English.
Need help with
Madrid Protocol?
Need help with Madrid Protocol?
Frequently Asked Questions (FAQ)
As of July 2022, there are 112 members of the Madrid Union, which currently covers a total of 128 countries. Upon depositing its instrument of accession on 27 September 2019, Malaysia became the 106th member of the Madrid Protocol system.
To use the Madrid Protocol, you must be personally affiliated or have a business connection with one of the members of the Madrid Union. As such, you must either be domiciled, have a commercial or industrial establishment in, or be a citizen of a Madrid Protocol member country.
There are several fees payable in regard to the Madrid Protocol, including:
- The basic fee;
- A complimentary fee or individual fee for each Contracting Party; and
- A supplementary fee for each class of services and goods in excess of three.
You can use a Fee Calculator to estimate the fees payable before submitting your payment directly to the International Bureau (IB) of WIPO or contact our attorneys to ease your registration process.
