Companies that are doing business only in the United States may eventually decide that it’s time to branch out into the international market. One of the most important things to consider if this is in the plan is how you will protect the company’s trademarks in the overseas market.
The Madrid Protocol is an international treaty that was designed to simplify the protection of trademarks in multiple countries. This is beneficial to many companies because they don’t have to worry about going through the trademark application process in each country they plan to do business in. The centralized process can save time and money.
How the system works
In 2003, the United States joined the Madrid Protocol and aligned the trademark system here with the one already in place in the international market. The treaty is administered by the World Intellectual Property Organization. The process begins with the applicant filing a basic trademark application in their home country. This can trigger the international application, and the applicant can designate which countries they want trademark protections in.
The application moves to each country that’s requested. Approval isn’t automatic or guaranteed. If a country rejects the application, applications in other countries aren’t affected at all.
Anyone who wants to transition their business into the international market should explore how the Madrid Protocol may benefit their company’s trademarks. Some countries aren’t included in the treaty, so that may be a consideration. It may be beneficial to work with someone who’s familiar with this matter so they can help with determining the best options available for having optimal trademark protection in all target countries.