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Madrid Protocol International Trademark Application

Overview of Madrid Protocol International Trademark Applications

What Is a Madrid Protocol Application (International Trademark Application)?

 A Madrid Protocol international application is a trademark international application and registration system that allows you to file a single application through the Japan Patent Office to the WIPO International Bureau, thereby achieving the same effect as if you had filed separate applications in each designated country.

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What is a Direct Application?

 A direct application refers to filing a foreign trademark application with local agents in each country through a Japanese patent attorney or similar professional. A local agent is appointed for each country, and the application is prepared in the language of that country using its specific filing format. In particular, the method of listing designated goods and services varies by country, so the description must be prepared to conform to the requirements of each specific country. The advantage of a direct application is that the local agent can review and correct the description of designated goods and services in advance.

 

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List of Contracting Parties to the Protocol Relating to the Madrid Agreement

 There are currently 127 contracting parties to the Protocol Relating to the Madrid Agreement. As the number of contracting parties continues to grow each year, it has become easier to file foreign trademark applications. Since protection takes effect even without appointing a local representative if no provisional refusal notice is issued, it is now possible to file foreign trademark applications easily and at a low cost.

 Since "Taiwan" is not currently a contracting party to the Madrid Protocol, it is not possible to file a Madrid application (international trademark application) there. It is necessary to file a foreign trademark application directly in Taiwan.

Asia India Africa Rwanda Cape Verde
Indonesia Lesotho  
South Korea Europe Iceland Slovakia
Cambodia Ireland Slovenia
Singapore Azerbaijan Serbia (successor to Serbia and Montenegro)
Thailand Albania Tajikistan
China (excluding Hong Kong and Macau) Armenia Czech Republic
Japan Italy Denmark
Bhutan Ukraine Germany
Philippines Uzbekistan Turkmenistan
Brunei United Kingdom (including the Isle of Man) Norway
Vietnam Estonia Hungary
Malaysia European Union Finland
Mongolia Austria France
Laos Netherlands Bulgaria
North Korea Curaçao  Belarus
Oceania Australia Sint Maarten Belgium
Middle East Samoa Bonaire, Sint Eustatius Poland
New Zealand (excluding the Tokelau Islands) St. Eustatius, Saba Bosnia and Herzegovina
Afghanistan Kazakhstan Portugal
Israel North Macedonia Monaco
Iran Cyprus Moldova
Oman Greece Montenegro
Syria Kyrgyzstan Latvia
Turkey Croatia Lithuania
Bahrain San Marino Liechtenstein
African Intellectual Property Organization (OAPI) Georgia Romania
Algeria Switzerland Luxembourg
Egypt Sweden Russia
Eswatini Spain  
Ghana North America Canada  
Gambia United States  
Kenya Central and South America Antigua and Barbuda Colombia
São Tomé and Príncipe Cuba Mexico
Zambia Brazil Trinidad and Tobago
Sierra Leone Jamaica Chile
Zimbabwe      
Sudan      
Tunisia      
Namibia      
Botswana      
Madagascar      
Malawi      
Mozambique      
Morocco      
Liberia      
Pakistan      
United Arab Emirates      

(As of June 2022)

Comparison of Direct Applications and Madrid Protocol International Trademark Applications


Trademarks Direct Application Madrid Protocol International Application
Language Languages of each country English, etc.
Forms Forms for each country Uniform
Filing Office Patent Offices of Various Countries Via the Japan Patent Office to the WIPO International Bureau
Description of Designated Goods and Services Rules of each country

Rules of each country

*Common rules apply

Whether proof of trademark use has been submitted

In some countries, it is necessary to demonstrate that the trademark is in use within that country.

 

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List of Countries Requiring Proof of Use

  Proof of Use
Japan Not required
United States Required
China Not required
Europe Not required
South Korea Not required
Taiwan Not required
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