TAIEX Seminar on IP rights The Madrid System for the International Registration of Marks Ankara - November 7, 2005 Marie Paule Rizo, WIPO

1. Overview of the Madrid System

Madrid System

Aims of the Madrid System To facilitate the registration of trademarks at an international levelTo facilitate the registration of trademarks at an international level To facilitate the management of trademarks after registrationTo facilitate the management of trademarks after registration

Route offered by the Madrid System The national route file in many Offices file in many languages fees in many currencies appoint numerous agents results in many national registrations requires many renewals changes recorded via each national Office The international route file in one Office of Origin file in one language fees in one currency local agents only if refused results in one international registration requires one renewal changes recorded via the International Bureau

Advantages offered by the Madrid System Registration and Administration of Trademarks in up to 78 Contracting Parties – – through a single procedure – – with a single administration – – in a single language – – on payment of a fee in a single currency (Swiss Francs)

Advantages of the Madrid System Facility Administrative efficiency – –changes in name/address or ownership – –renewal Flexibility – –subsequent designations – –limitation, renunciation, cancellation Economy

Basic Principles of the Madrid System –Closed systemnationality need of a connection with a Contracting Partydomicileneed of a connection with a Contracting Partydomicile protection only in the other Contracting Parties establishmentprotection only in the other Contracting Parties establishment –Need of a basic application or basic registration –One international applicationone international registration –Possibility of refusal by designated Contracting Parties within time limits

Elements of the Madrid System Elements of the Madrid System Madrid Agreement –of April 14, 1891 Madrid Protocol –adopted on June 27, 1989 Common Regulations –latest revision 2004 Administrative Instructions National Law

Certifies that the data in international application = those in basic application or basic registration Checks formalities Records in the International Register Publishes in the International Gazette Notifies designated Contracting Parties Substantive Examination refusal within set time limits refusal no refusal = effect of a national registration Basic Procedure under the Madrid system OFFICE OF ORIGIN INTERNATIONAL BUREAU OFFICE OF DESIGNATED CONTRACTING PARTY International Application Precondition: basic application or basic registration

Link with the CTM System (EU) CTM application/registration can be a basis for an international application under the Madrid ProtocolCTM application/registration can be a basis for an international application under the Madrid Protocol EC can be designated in an international application or subsequently (subsequent designation) under the Madrid ProtocolEC can be designated in an international application or subsequently (subsequent designation) under the Madrid Protocol

2. Current Status

Accessions Since November 2003 United States of AmericaNovember 2003 (P) CyprusNovember 2003 (P+A) Islamic Republic of IranDecember 2003 (P+A) CroatiaJanuary 2004 (P) KyrgyzstanJune 2004 (P) NamibiaJune 2004 (P+A) Syrian Arab RepublicAugust 2004 (P+A) European CommunityOctober 2004 (P) Bahrain December 2005(P)

International applications ( ) Applications filed ( ) and estimates for 2005 Annual growth rates

Top filer Members Applications filed from January to August, Shares within total filings in 2005 and growth rates as compared to 2004

Top Holders of International Registrations List of 21 top holders of international registrations on August 31, 2005

Some Figures concerning TR Total IRs 22,236 21,847 23,379 Origin: TR Design.: TR 5,458 5,878 6,272

Some Figures... January-August 2005 Total IRs 22,691 Origin: TR 518 Design.: TR 4,104

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