Madrid Protocol: How to Speed up Your Trademark Registration?

The Madrid Protocol has centralised the process of international trademark registration, enabling brand owners to register their trademarks in more than 120 countries through a single filing. However, you need to stringently follow all the mandatory requirements and standard procedures to ensure your registration process is not delayed. Consulting with trademark agents in the UAE will enable you to avoid delays and speed up the registration process. Read ahead to get to know some tips to expedite your International trademark registration process under the Madrid Protocol:

Properly Apply for the Basic Mark

Your existing trademark registration or application in your home IP office will be used as the basis for international trademark registration. This registration or application in the home country is termed the basic mark. You need to carry out a proper trademark search before filing the basic mark. The application with the home IP office should be filed in compliance with the laws and standard procedures followed by your home IP office.

Since your international trademark registration is dependent on the basic mark, any risk to the basic mark will have an effect on your international registration. This dependency is for five years from the date of registration of international registration. If your basic mark gets cancelled or abandoned, your international registration will also be cancelled or abandoned in this five-year period. Therefore, it is vital for you to properly register your basic mark with the IP office of your home country.

Learn about the Laws of Designated Countries

Using the Madrid Protocol, you can protect your trademark in more than 120 countries that are party to the Protocol. The trademark laws of each of the designated countries may vary, which you need to be aware of. If your trademark application doesn’t comply with the legislation of any country, the process may be delayed. Trademark agents in Dubai can help you to navigate this challenge.

Be Wary of Opposition in Designated Countries

You need to have a strategy in place to navigate the risk of opposition emerging from the designated countries. The World Intellectual Property Organisation (WIPO) doesn’t circumvent the trademark laws of the member countries. Due to this, third parties can raise opposition to your application on a country-by-country basis. Your home IP office might have accepted the trademark application but it may not be the same in each country designated in your international trademark application. Carry out proper trademark searches and consult with trademark agents in the UAE to avoid such unforeseen situations. A robust strategy for tackling potential opposition will help you to speed up your international trademark application filed under the Madrid Protocol.

Navigate Regional Challenges

You may have to navigate the special challenges posed by certain jurisdictions such as Africa for expediting your international registration. Even though the Madrid Protocol of International Trademark Registration has been ratified by 22 African countries, its geographical reach extends to 38 countries due to the participation of the African Intellectual Property Organization (OAPI). Of the 38 countries, only 9 have properly domesticated the Madrid Protocol by properly amending their local trademark laws. This will create problems for swiftly registering or enforcing your trademarks in those regions.

In some member countries such as China, you may get only a short time to respond to objections raised by the local IP office. You won’t get enough time to receive the objection and discuss with a local trademark agent how to respond to the objection. Sometimes you may not get adequate time to find a local trademark agent. All of these will delay your international trademark registration under the Madrid Protocol. Finding a strategy to navigate such challenges is essential to accelerate your international trademark registration process.

Accurately Select Trademark Classes

Just like the national registrations, you need to select the accurate trademark classes for registrations under the Madrid Protocol. However, it will pose some inconvenience as the Madrid Protocol doesn’t allow for the filing of divisional applications. If you receive an objection in one class, you cannot proceed to registration in other classes until the objection is addressed. You need to select proper trademark classes to avoid potential opposition.

Register through the Best Trademark Agents in Dubai

Even though the Madrid Protocol offers a convenient way for securing international trademark registration, you need to navigate several challenges to speed up the process. Giving serious thought to the tips mentioned here may help you to expedite the process of international trademark registration under the Madrid Protocol.

UAE Trademark agents such as Jitendra Intellectual Property (JIP) can help you to execute these tips and speed up the registration process. JIP has a highly qualified team of trademark professionals who can advise you on the requirements in each Madrid Protocol Member Country. JIP’s international trademark services will allow you to ensure protection for your brands while securing your investments