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Bar News - October 3, 2003 The Madrid Protocol: Bullfights or Trademarks? By: Paul C. Remus & Todd A. Sullivan THE UNITED STATES completed the formal process for joining the Madrid Protocol on Aug. 2, 2003, when it deposited the accession document, signed by President Bush the previous day, with the World Intellectual Property Organization. The Madrid Protocol is a treaty that facilitates the protection of trademarks (not bullfights!) throughout the world. The United States Patent and Trademark Office (USPTO) will begin accepting Madrid filings on No. 2, 2003. Starting in November, a U.S. trademark owner will be able to file a single online application with the USPTO in English, pay the fees in U.S. dollars, and potentially obtain protection for its mark in any or all of the 58 Madrid Protocol member countries. The cost of filing an international application through the USPTO is expected to be $460 for filing, $50 for each country in which the applicant seeks protection, and a $100 USPTO certification fee. Filing an international application designating 10 Madrid Protocol member countries, for example, would cost $460 + ($50 x 10) + $100, for a total of $1,060. Without this treaty, the trademark owner seeking equivalent protection would have to file an individual application in each country, in the language of that country and in the currency of that country. Trademark practitioners who do not afford their clients the opportunity to take advantage of the new procedure, with its significant savings in time and costs, may at the very least have disgruntled clients. However, for five years following registration of the trademark by the International Bureau, the registration in all designated countries will be dependent on the registration of the trademark with the USPTO. Cancellation, abandonment or any other termination of the base U.S. trademark with the USPTO will result in cancellation of all resulting registrations in the designated countries, regardless of the merits of the registrations in the designated countries. Therefore, applicants should proceed cautiously when seeking foreign trademark rights through the Madrid Protocol based on questionable U.S. trademark applications. Paul C. Remus is chair of the Intellectual Property Group of Devine, Millimet & Branch, Manchester. Todd A. Sullivan is a member of the firm's Intellectual Property Group.
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