Pros and Cons of Madrid System
With the implementation of the Madrid Protocol in the UAE, trademark owners now have the option of obtaining global trademark protection through this system. The goal of the system is to provide a centralized filing system as well as a simple means for registering a trademark in several jurisdictions.
It’s crucial to take a strategic approach when commencing on an international filing strategy once you’ve decided to use the Madrid Protocol. Other prerequisites must be satisfied before you begin the registration procedure.
Before proceeding with the Trademark registration in UAE, it is recommended that trademark owners who want to register their trademark globally must equip themselves with the most comprehensive understanding of the Madrid System.
Let’s start with the advantages of the process:
Advantages of Madrid System
Trademark owners who choose to use this system will have access to a centralized trademark application process that may be filed from their home country and will eventually be extended to designated foreign nations, all of which will be overseen by WIPO. Furthermore, unless the international applications are refused or require additional changes, a single set of fees will be paid, and no extra-legal counsel in foreign countries will be necessary to be retained.
Fixed examination period
A Madrid Application System is subject to a 12 to 18 month assessment process.
In comparison to certain trademark offices, which have application backlogs greater than this, this can be a benefit, particularly for trademark owners who want to get trademark registration on a FastTrack basis.
When you plan to apply for a trademark in more than 6-8 countries for the first time, WIPO’s charges are cost-effective. This is comparingly cheaper if you plan to file a national wise application for more than 8 countries. However, if the trademark is refused or contested, the cost-saving option can be removed.
Disadvantages of Madrid system
The Central Attack Principle
It is critical to note for trademark owners who have chosen the Madrid method that if the home country registration is cancelled or invalidated, or if the basic application is denied, all overseas applications will be abandoned or cancelled. A “central attack” is a term used to describe this type of attack. As a result, all Madrid users should endeavour to assume all duties in order to reduce the danger of a significant rejection or disagreement on the basic application.
Chances of more rejection and opposition
If a Madrid Protocol application is successful, it does not imply that every trademark in every nation will be automatically approved. The application has been reviewed by the local Trademark office in each country, and the laws for rejection and opposition have been implemented country-by-country. When an application is denied, a Local Attorney is required. In some places, this could be a bit pricey. Some nations’ standards are quite strict, therefore it’s critical to retain a local attorney to correct any flaws in your Madrid Protocol trademark applications. If this case develops, the cost-cutting advantage of Madrid filing will be nullified.
Broader identification of goods and services
It’s crucial to highlight that using the Madrid System to expand worldwide may not be in the best interests of trademark owners, as the identification of goods and services in some nations, such as the United States, is narrower than in any other country. The application filed will be based on the home country application, the trademark owner should specify the goods and services they need protection. It is best to take the help of Professional Trademark Agents that will help you identify the goods and services as per the Madrid System.
How can Jitendra consulting group help you with Madrid Filing
In conclusion, if your trademark is simple, the Madrid system may be a better option. It is very important to hire local Trademark Agents like Jitendra Intellectual property (JIP) who have vast experience in trademark registration in UAE. We will gladly guide you through both the national procedure and the Madrid protocol, making the entire process simple regardless of which route you choose. We can guide you through the process of protecting your trademark by assisting you with numerous decisions. Please contact us if you have any questions about your trademark application.