WIPO announced yesterday that it received 39,945 international trade mark applications under the Madrid system in 2007, a 9.5% increase over 2006.
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| Source: WIPO |
German applicants topped the list of Madrid system users for the 15th consecutive year, followed by IP owners from France, the US and the EU. China remained the most designated country in international trade mark applications, which WIPO attributed to increasing levels of trading activity by foreign companies in China.
Under the Madrid system , which is governed by two separate treaties – the Madrid Agreement ( 1891) and the Madrid Protocol (1989) – applicants can file one application in as many member countries as they designate, pay one fee and use one language (English, Spanish or French). The filing is made through the trade mark office of the applicant’s home country and sent to WIPO, which extends the request for protection to each of the designated countries.
The US joined the Madrid Protocol in 2003, but the majority of Latin American countries and Canada have yet to join. Brazil and Mexico have been considering joining the Protocol for years, but neither country has announced definitive plans to join in the near future.
In October 2006, a Brazilian government working group headed by the Minister for Development unanimously recommended that the country accede to the Protocol.
But Juan Pablo Concha of Baker & McKenzie in Colombia told Managing IP that there was uncertainty as to whether it would join this year.
“However, the Brazilian PTO still estimates that Brazil will sign the Protocol in 2008, and the Brazilian Chamber of Foreign Trade (CAMEX) recommended ratification back in 2006, so we understand that the Brazilian government is interested in signing the Protocol as soon as possible,” said Concha.
Throughout Latin America, large companies seem to be developing a growing interest in the system. According to Alejandra Navarro Gallo, an in-house IP attorney for Videoserpel Ltd, the Swiss subsidiary of Mexican television conglomerate Grupo Televisa , the company recently used the Madrid system for the first time to file marks in 57 countries in order to avoid the practical problems associated with locating local attorneys in smaller countries.
“The marks filed are for services that we will be offering over the internet, so it’s important to cover the most countries we can at once,” said Gallo. “What’s most interesting to us about Madrid is that it gives us the facility to administer trade marks in small countries. If a company is interested in markets in Asia or Africa, for instance, I think Madrid is a very good way to cover your rights.”
WIPO director-general Kamil Idris said about the latest figures: “The Madrid system has earned the trust and confidence of the business community as a reliable option for brands seeking export markets ... Trade marks are a key means by which businesses are able to add value to their day-to-day commercial operations and thereby secure their long-term financial viability. WIPO will continue to enhance its services to the private sector to enable companies to obtain and maintain trade mark protection in a timely and cost-effective way.”
WIPO assistant director-general Ernesto Rubio added that “discussions aimed at simplifying procedures and making the system even more responsive to users are ongoing among member states”.
The March issue of Managing IP will include more information about WIPO’s plans for the Madrid system.
