The Madrid protocol is an international treaty designed to simplify the international trademark registration process. Thanks to this system, registrants are able to complete a single application that is applicable in more than 90 countries.
How does the Madrid Protocol work?
To submit an international application through the Madrid Protocol, registrants must first file for an application with the trademark office in Mauritius. Once the basic application is filed, the international process can begin. You do not have to wait for the first one to be approved. Your internal application will also be filed through your country’s trademark office which will certify it and send it to the World Intellectual Property Organization. The latter will review the application and send it to the trademark offices in the countries you have indicated on the application.
Benefits of Mauritius signing up for the protocol for trademark owners
- Thanks to this system, companies and individuals can obtain and maintain protection for their marks in various countries via a simple and economical procedure.
- Registrants have to file only a single international application in Mauritius and pay only one fee. This means that they do not have to deal with complicated procedures in different languages and paying fees to each Office, in different currencies which can be quite costly.
- As such, besides the simplicity of the system, considerable financial savings can be made in relation to translation, exchange-related fees and fees for local representatives. This is particularly advantageous for SMEs who find it difficult to afford the registration of marks abroad due to the high procedural costs.
- The company or individual does not have to wait for the office of each Contracting Party in which protection is sought to take a positive decision to protect the mark. The mark is automatically protected in the Contracting Party concerned if no refusal is made by an Office within the applicable time limit.
- Changes subsequent to registration, such as modifications in the name or address of the holder, or a change (total or partial) in ownership or a limitation of the list of goods and services, may be recorded with effect for several designated Contracting Parties through a single, simple and centralized procedure.
- There is only one registration date and one registration to renew. Thus portfolio management is easier and simpler.
Advantages for the National Economy, the Government and Trademark Offices
- The Madrid System supports the country’s exports to the extent that it simplifies protecting trademarks abroad.
- Individuals and companies established in other Contracting Parties of the Madrid Protocol can have easier access to the protection of their marks in the country/regional territory, since they can seek protection of the mark in any of the applicable Contracting Parties by merely designating these in the international application, or in a subsequent designation. This helps to strengthen the climate for foreign investment.
- Trademark Offices do not need to examine for compliance with formal requirements, or to classify the goods or services or publish the marks, as such formalities will have already been undertaken by the International Bureau and they can focus on their substantive examination.
Businesses in Mauritius will be able to enjoy the benefits of the Madrid Protocol when the Industrial Property Act 2019 will be enforced. Our agents will then be able to help you file an application.