The Madrid Protocol (Protocol), an international treaty, which has been in force since April 1, 1996 and has become a convenient and economical means of securing trademark registration in member countries. The Madrid Protocol is an effective system of international registration of marks administered by the International Bureau (IB) of World Intellectual Property Organization (WIPO).
Pakistan has joined Madrid Protocol
Pakistan has joined Madrid Protocol on 24th February, 2021 and ratified it on 24th May, 2021. It means that Trademark applications under Madrid Protocol are being received by Pakistan from 24th May, 2021.
The Madrid Protocol is a part of Madrid System. The members of Madrid system form a Madrid Union. Three official languages are used for Madrid Protocol i.e. English, French, Spanish and currency for submission of fee is Swiss Francs. The applicant can file one application, in one language and pay fee in single currency instead of filing separate applications in different trademarks offices in different language and in different currency. In order to become party to the Madrid Protocol, it is mandatory to be a member of Paris Convention for the Protection of Industrial Property and Pakistan is a member of Paris Convention since 2004.
Procedure for International Trade Mark Registration
An applicant can forward international application to international Bureau (IB) of WIPO through Trademarks Registry/office of Domestic country. The domestic country is called OO(office of origin) The Office of Origin after formal examination forwards international application to IB of WIPO. Another way is that application may be filed directly in the electronic system of WIPO.
Examination of application
IB formally examines such international application and allow to publish in international gazette of WIPO. After publication, the mark is forwarded to designated countries for substantive examination according to their national laws. The designated countries can accept or refuse mark for registration with in 12 or 18 months according to their national laws otherwise mark will be considered as registered mark.
An international registration remains dependent on the registered or applied mark in the Office of Origin, for a period of five years from the date of its registration. If the basic registration ceases to have effect within this five-year (central attack), the international registration is no longer protected.
Valid Period of Registration
An international registration remains valid for the period of 10 years from the date of its registration and it may be renewed further by paying prescribed renewal fee before the expiry of every 10 years.
Subsequent changes in the international registration, such as a change in name /or address of the applicant/holder, a (total or partial) change in ownership of the applicant/holder or a limitation of the list of goods and services in respect of all or some of the designated Contracting Parties, may be recorded and have effect by means of a single procedure with the International Bureau (IB) along with the payment of prescribed fee.
Two Tasks
After accession to the Madrid Protocol, the Trade Marks Registry (TMR), Karachi will have two kinds of tasks-
- As on Office of Origin (OO)
- As an office of the designated Contracting Party (CP)
Conclusion:
Pakistan made compliance of principle of ease doing business of UNO by adopting and ratification of Madrid protocol.
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