122 countries in the Madrid system: the international brand is getting stronger and stronger

  On 27 September 2019, the Government of Malaysia acceded to the Madrid Protocol. Malaysia became the 106^th member of the Madrid system, which now has 122 countries. As of December 17, 2019, foreign companies and trademark owners will be able to designate Malaysia (as well as 121 other states) in their international trademark applications. With several new memberships in 2019, the Madrid System is being strengthened.  

The international trademark: a simple tool for broad protection

The Madrid system allows a trademark to be applied for in up to 122 territories by filing a single form with a trademark office (provided that the trademark office is a member of the Madrid Protocol). The International Trademark is a tool that simplifies the work of applicants, since it allows them to make a single application that has effect in several countries simultaneously. Thanks to this system, it is not necessary to provide translations or to appoint a representative in each country. In addition, the international trademark enables companies operating abroad to protect themselves effectively and extensively. Indeed, the 122 countries of the Madrid system represent 80% of world trade. However, when filing, it is advisable not to designate all member countries of the system. This would be extremely costly (each country requesting the payment of a designation fee). Moreover, it is not legally relevant, since many states require that trademarks be exploited in the territory. Therefore, the applicant must identify the relevant countries for his trademark application.  

2019: an attractive year for the Madrid system

Every year, new states join the Madrid system. But 2019 was particularly marked by the arrival of two intellectual property "giants": Brazil and Canada. Whereas before it was enough complexity of registering a trademark in Canada (with a term of protection of 15 years, and no classes of goods and services), as of June 17, 2019, it is possible to designate Canada in an international trademark application. Canada has thus reformed its trademark legislation to make it compatible with the Madrid system. It was the same for Brazil. The Brazilian INPI had to revise its trademark examination procedures to allow registration in less than 18 months. Previously, the Brazilian Office took almost 24 months to examine trademark applications. With the accession of Brazil, effective October 2, 2019, the Madrid System includes among its contracting parties the 10 largest economic powers in the world, according to calculations by the International Monetary Fund. If you wish to register an international trademark, our teams are at your disposal to provide you with information and assistance..