Text Box: Page 1 
Text Box: The Madrid Protocol
Text Box: Get Tuned, November 3 Is Closer Than You Think!

Alexander R. Schlee
Viering, Jentschura & Partners, L.A. Office
tel.: 310 545 9851
e-mail: alexschlee@vjp.de

From November 3, 2003 on, U.S. applicants will be entitled to file applications under the Madrid Protocol, the progeny of the very old Madrid Agreement going back as far as 1891. The Madrid Protocol was finalized in 1989 but did not become effective in any country before 1995. Nowadays, most but not all Madrid Agreement member countries are Madrid Protocol members as well. Not so vice versa: There are a number of Madrid Protocol-only countries, the United States being one of these.

U.S. applicants might have some questions.

What qualifies for protection under the Madrid Protocol?

The Madrid Protocol application has to be based on a domestic U.S. “home” application or registration. Therefore, the requirements are fairly similar to a U.S. Trademark Application.

Where do Madrid Protocol applications have to be filed? 

At the USPTO, forwarding the application to the International Bureau (IB) in Geneva, Switzerland, often called WIPO.

Who can be the applicant?