Agreement Madrid

Posted by on April 8, 2021

Compliance with the convention or protocol includes membership of the Madrid Union. As of June 2019,[update] there are 104 members from 120 countries. The original treaty has 55 members, all of which are equally parties to the protocol (when Algeria acceded to the Madrid Protocol on 31 October 2015, all members of the Madrid agreement were also members of the Madrid Protocol and many aspects of the Madrid agreement no longer have practical effect). The term “Union de Madrid” can be used to describe the legal systems that are parties to the agreement or protocol (or both). [4] The protocol has been in force since 1996 and has 100 members,[5] making it more popular than the agreement, which has been in force for more than 110 years and has 55 members. [4] The main reason why the protocol is more popular than the agreement is that the protocol has introduced a number of changes to the Madrid system that have greatly improved its usefulness for trademark holders. For example, it is possible, under the protocol, to obtain an international registration on the basis of a pending trademark application, so that a trademark holder can, simultaneously or immediately after, file an application in a Member State, effectively apply for an international registration. In comparison, the agreement requires that the trademark holder already have an existing registration in a member jurisdiction, which can often take many months and sometimes years. Moreover, the agreement does not allow for the “conversion” of international records that have been “centrally attacked”. The applicant must indicate the products or services for which trademark protection is claimed, as well as, if possible, the corresponding class or class in accordance with the Nice Immigration Agreement on the International Classification of Trademark Products and Services. If the applicant does not give this indication, the international offices classify the goods or services in the corresponding classes of this classification. The applicant`s description of the classes is subject to the control of the International Bureau, which exercises this control in cooperation with the National Office. In the event of a disagreement between the National Office and the International Office, the opinion of the national office is a priority.

The audit is carried out by one or more special Union countries or by external auditors, in accordance with financial regulations.

Comments are closed.