Regulations Under The Protocol Relating To The Madrid Agreement

In 1966 and 1967, efforts were made to address this problem by creating a new treaty that would reflect the needs of the time, not the world of the 1890s, when the agreement was adopted. This led to the development of the Trademark Registration Treaty (TRT), which was adopted in Vienna in 1973 and came into force in 1980 with five States Parties, namely Burkina Faso, Congo, Gabon, the Soviet Union and Togo. Given that there were no other TRT memberships and that the number of registrations had been low since its inception, it was clear that the TRT would probably not have supplanted the Madrid agreement. The joint regulations are renamed under the protocol, which state that the protocol is the only contract for international applications and registrations under the Madrid system. From 1 February 2020, they will become regulations under the Protocol on the Madrid Convention on International Trademark Registration (Protocol Regulations). One particular amendment is Article 30, which amends the protocol regulations, which simplifies the renewal of international registrations. For example, it is possible, under the protocol, to obtain an international registration on the basis of a pending trademark application, so that a trademark holder can, simultaneously or immediately after, file an application in a Member State, effectively apply for an international registration. In comparison, the agreement requires that the trademark holder already have an existing registration in a member jurisdiction, which can often take many months and sometimes years. Moreover, the agreement does not allow for the “conversion” of international records that have been “centrally attacked”. Compliance with the convention or protocol includes membership of the Madrid Union.

As of June 2019,[update] there are 104 members from 120 countries. The original treaty has 55 members, all of which are equally parties to the protocol (when Algeria acceded to the Madrid Protocol on 31 October 2015, all members of the Madrid agreement were also members of the Madrid Protocol and many aspects of the Madrid agreement no longer have practical effect).