Trade mark owners might soon be able to file a single application
that would register their trade mark in all the major international
markets following the passing of a bill by the US House of
Representatives to implement an agreement presently recognised in
Europe and elsewhere.
International exploitation of a trade mark is covered in the
so-called Madrid Agreement which dates back to 1892. Registration
of a mark in one participating country gives the owner the right to
file a single application for registration in any other
participating country named in the application, without the need
for a separate application in every country. The UK and 50 other
countries did not sign the Agreement because they disagreed with
some of its details.
Instead, they signed what is known as the Madrid Protocol – a
variation of the original Agreement – in 1989. It means that in
most countries, a single application can be filed for trade mark
registration in several countries. The US remained one of the most
notable opponents to both the Agreement and Protocol, meaning that
businesses had to apply separately to the US for trade mark
protection, significantly adding to the expense. After a four-year
battle in the US Congress, it now seems that the position may
change.
The new US bill is intended to implement the Madrid Protocol under
which trade mark registration takes around 18 months. In countries
outside the Protocol, it can take much longer.
