Going for an International Trademark? Here is how to go about it.
The much awaited Trade Mark Bill, 2019 and the Trade Descriptions (Amendment) Bill 2019 in Malaysia have been passed by Dewan Rakyat on July 02, 2019.
The Madrid Protocol along with the Madrid Agreement gives the legal basis to the Madrid System which is the primary method of international registration of trademarks in multiple Jurisdictions. Administered by the World Intellectual Property Organization, the Madrid Protocol allows the trademark owners of its contracting parties to seek protection of their trademarks in multiple countries by filing a single international application. One of the benefit is that applicant can file in a single language and grants protection to the trademarks in multiple countries upon the payment of a single fee (albeit a higher fee than before). Another benefit is that applicants can now file for non-traditional marks such as "color, sound, smell, 3D or animation"
The Madrid Protocol International Trademark System
The Madrid System is a convenient and cost-effective solution for registering and managing trademarks worldwide. File a single application and pay one set of fees to apply for protection in up to 122 countries. You can now modify, renew or expand your global trademark portfolio through one centralized system.
All requests for protection in Madrid member countries are examined according to the trade mark legislation and laws existing in the designated countries (termed office of origin).
How to go the Madrid Protocol way?
1. A domestic or home application with an active commercial establishment.
2. Applicant submits its International Application through MyIPO. The application will then be certified and forward to World Intellectual Property Office (WIPO). The Applicant must also specify the countries where protection is required as fees will increase in the number of jurisdiction.
3. Formal examination by WIPO will begin and if it detects any irregularity, it will notify the applicant; which will be given time to respond. And when once approved, the mark is recorded in the International Register and published in WIPO Gazette. WIPO will thus issue a certificate and notifies Office(s) of Origin.
4. Protection - The designated IP Offices will examine and decide on the scope of protection within the applicable timeline (12 or 18 months) based on the specified countries' local laws and usual trade mark prosecution procedures, including advertisement and opposition by third parties. If there is no opposition, the international registration is deemed to have effect in the specified countries. WIPO will record decisions of Offices of Origin and will notify applicant.
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