New members of the international trademark system of the Madrid Protocol – Trademark

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Jamaica, Chile and Cape Verde and all recently joined the Madrid Protocol international trademark system, becoming the 110e111e and 112e system members. The relevant dates in each territory for the entry into force of the Madrid Protocol are:

  • Jamaica – March 27, 2022

  • Chile – July 4, 2022

  • Green cap – July 6, 2022

The Madrid Protocol allows trademark owners located in a member country of the Madrid Protocol system to obtain trademark protection in any of the other 111 member countries by filing a single international trademark application.

The Madrid Protocol currently extends to many countries of general commercial importance, including the UK, EU, US, Japan and China. Once granted, it is possible for holders of Madrid Protocol trademark registrations to extend their trademark protection to other member countries of the system as their business needs evolve. Due to the system’s flexibilities, using the Madrid Protocol to obtain trademark protection abroad can be a very cost-effective mechanism and can also simplify trademark portfolio management in the future.

However, it is important in any trademarking strategy to take into account the possible limitations of using the Madrid Protocol; perhaps more importantly, if the registration of the domicile on which the Madrid Protocol mark is based is canceled or otherwise limited within the first 5 years, then the Madrid Protocol mark is similarly affected.

The accession of Jamaica, Chile and Cape Verde strengthens the position of the Madrid Protocol as a key element of the international trademark system by offering an efficient and practical means of obtaining protection in an ever-increasing number of countries, and our trademark attorneys are on hand to provide strategic advice on the merits of using the Madrid Protocol system to meet your specific business needs.

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.

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