MADRID PROTOCOL
THE MADRID PROTOCOL: WHAT ARE THE BENEFITS TO MEXICO?
Despite the improved trademark registration system that it enables, many Mexican IP practitioners
regard the country’s approval of the Madrid Protocol with suspicion. Karla Crespi reports on the discussion.
Aſter more than a decade of debate, on April 25, 2012, the Mexican Senate approved the Madrid Protocol concerning the International Registration a treaty that
of Trademarks (the Protocol), facilitates the filing, registration
and maintenance of trademarks in multiple jurisdictions around the world.
Te Madrid Protocol is an international mechanism that allows trademark owners in a member state to apply for trademark protection in their country of origin and in any and all other member states by filing one single application. Te resulting international registration is a single registration with one registration number that covers numerous countries and is valid for 10 years with the possibility of renewal. As long as the international registration is maintained, the owner can expand the geographic scope of protection at any time by filing a request for subsequent designation in any other additional member state.
Te overall benefit of Mexico’s adherence to the Protocol is that it can reward trademark owners with extensive trademark protection and notable time and cost savings. Tis international filing system allows for one single application and one filing fee; one language, hence, no translation of documents required; one single registration which involves only one renewal application with one renewal fee; one single form to record transfer of ownership or changes in owners’ names and addresses. Te above clearly constitutes more efficient, expeditious and cost-effective filing and post-registration procedures. In addition, it easier to extend protection to foreign countries.
is
Despite the above benefits, many Mexican trademark practitioners regard the approval of the Protocol with dismay. For many years, they have claimed that the Protocol is not in the best interests of Mexican businesses and that accession entails a series of amendments to the Mexican Industrial Property Law and its Regulations, which Mexico is not ready to implement. Among the most relevant amendments are the adoption of multiple-class trademark applications and the implementation
www.worldipreview.com
World Intellectual Property Review September/October 2012
51
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