Australia Adopts the Madrid Goods and Services List

by | Apr 30, 2024 | Featured, Intellectual Property

Does This Change Impact Your Business in 2024?

The World Intellectual Property Organization (WIPO) uses the Madrid System to address intellectual property and trademarks on a worldwide scale. If your IP and business has global or international reach, you may already be familiar with the Madrid System or the Madrid Protocol.

Entrepreneurs who are looking to expand in the upcoming year will also need to know which countries use this system, including Australia, since they recently adopted the Madrid Goods and Services List.

What is the Madrid Protocol?

The Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, referred to as the Madrid Protocol, is an international agreement establishing a single trademark application that can be filed in any cooperating jurisdiction.

The Madrid System

The Madrid System is one way businesses are able to protect their trademark in numerous countries with international registration. It is governed by both the Madrid Agreement and the Madrid Protocol, and all applications are filed through WIPO. Applicants start with an international application that is reviewed by WIPO, and then the international application is sent to each local jurisdiction requested by the applicant.

The Madrid Goods and Services List

WIPO manages the Madrid Goods and Services List, a database of approved terms that trademark applicants can use to categorize their goods and services. When the List’s terms are used on applications, it increases the consistency and accuracy of international trademarks. If you’ve recently filed an international trademark application, you can track your registration on the WIPO Madrid Monitor.

Should You Use the Madrid Protocol for Your Business?

Applying for trademark protection in each country you intend to do business can be tedious, time-consuming, and costly. The main advantages of the Madrid Protocol address these three issues.

The convenience of an international application system is a major draw for expanding businesses and IP owners. You can complete and submit your application, monitor its status, and renew your trademark in a central online location. When you register your trademark through the Madrid System, you can manage it in every region and country that cooperates with the System. This makes entering new markets simpler and faster, which can be a boon to growing businesses.

Using the Madrid Protocol can lessen the costs associated with protecting your intellectual property in numerous countries. Although filing an international trademark registration still involves fees, entrepreneurs can often save on translation fees, legal costs, and administrative expenses when going this route. However, there are additional fees to create your WIPO trademark application, so some entrepreneurs who only need to file in one to two countries may save money filing locally.

There are three fees every applicant must pay through the Madrid System:

  • The basic application fee
  • A fee for each contracting party
  • A fee for four or more goods or services

Some countries may impose additional fees, so it is a good idea to discuss your application with an intellectual property attorney before submitting it.

There are other ways to protect your business assets internationally, and having an experienced IP attorney to guide you is vital. EmergeCounsel has been helping clients with IP protection, business expansion, and trademark services for nearly a decade and focuses on looking at both local filings and the Madrid Protocol to create a cost-effective international plan for each client. Contact us today for a free consultation.

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