The international exploitation of a trade mark is assisted by
the Madrid Agreement Concerning the International Registration of
Marks, which dates back to 1892. Under the Agreement, registration
in one country that is a signatory to the Agreement gives the
person the right to file a single application for registration in
any other signatory country the person chooses. Obtaining trade
mark registration in non-signatory countries is possible, but
involves a separate application and fee to each country’s
administrative trade mark office.
The UK and some other countries were unhappy with the Agreement
and joined the system in 1989 subject to qualifications contained
in what is now known as the Madrid Protocol. The US has never
accepted the system because of a dispute with the European Union
over voting rights.
Last week, a number of officials from the International
Trademark Association tried to persuade Congress to adopt the
Madrid Protocol, which has found support in both the US Patent and
Trademark Office and the White House. It is understood that there
is now no opposition to the Madrid Protocol; a lack of interest in
the issue seems to present the biggest reason why the necessary
vote might never take place.
If the US accepts adopts the “international” system, obtaining
trade marks in the US should become cheaper and easier for European
businesses.
