Since 31 October 2000, Singapore has been a party to the Madrid Protocol. The Madrid Protocol enables local businesses to file a single application covering more than 90 member countries in one fee payment in one currency and in one language. This translate into savings in foreign agents’ fees.
4. What is Madrid Protocol?
The Madrid Protocol is an international treaty administered
by the International Bureau (IB) of WIPO that provides for
the international registration of trademark in over 90
member countries by filing a single application.
Since 31 October 2000, Singapore has been a party to the
Madrid Protocol.
5. Member Countries
Antigua and Barbuda, Denmark, Republic of
Korea, Romania, Albania, Estonia, Kazakhstan, Serbia, Armenia, Egypt, Liechtenstei
n, Russian Federation, Austria, European
Union, Liberia, Sudan, Australia, Spain, Lesotho, Sweden, Azerbaijan, Finland, Lith
uania, Singapore, Bosnia and
Herzegovina, France, Latvia, Slovenia, Bulgaria, United
Kingdom, Morocco, Slovakia, Bahrain, Georgia, Monaco, Sierra
Leone, Bonaire, Saint Eustatius and Saba, Ghana, Moldova, San
Marino, Bhutan, Greece, Montenegro, Sao Tome and
Principe, Botswana, Croatia, Madagascar, Sint Maarten, Benelux, Hungary, The
Former Yugoslav Rep. of Macedonia, Syrian, Arab
Republic, Belarus, Ireland, Mongolia, Swaziland, Switzerland, Israel, Mozambique,
Tajikistan, China, Iran, Mexico, Turkmenistan, Cuba, Iceland, Namibia, Turkey, Cur
acao, Italy, Norway, Ukraine, Cyprus, Japan, Oman, USA, Czech
Republic, Kenya, Philippines, Uzbekistan, Germany, Kyrgyzstan, Poland, Vietnam,
Democratic People’s Republic of Korea, Portugal, Zambia
6. Benefits
• Single filing procedure with one fee payment in one currency
and in one language means savings in foreign agents’ fees.
• Simplified administrative requirements; no more notarization
of different POA for every filing of applications.
• Possible to record subsequent changes or to renew registrations
through a single procedural step.
7. Limitations
• For a period of 5 years following the international registration
date, protection of an IR remains dependent on the subsistence
/ validity of its base application or registration.
• Trademarks under an international registration would still be
subject to local laws and practice of respective country on
examinations, applications formalities and use requirements.
• The change in ownership of an IR can only be recorded where
the new owner is a national of a member of the Madrid
Protocol
8. REQUIREMENTS & FORMS
Requirements –
• Applicant must be a resident / national of Singapore; or
• have a real and effective industrial/commercial
establishment in Singapore.
• Further, applicant must have a base application /
registration in Singapore.
Forms –
• Registration : MM2(E) & MP3
• If designating USA : MM18
9. FLOWCHART
IPOS
• International
Application (IA)
filed with IPOS
• Checks for any
irregularity
• Once irregularity is
resolved, IPOS sends
IA to International
Bureau (IB)
International Bureau
• Checks IA for fees
and formalities
• Records and
publishes IR in
Gazette
• Forwards certificate
to applicant
• Notifies designated
countries
Designated Countries
• Examines IR in
accordance with
local laws. Notifies
IB of refusals, if any.
• If no
objection/opposition
arise, designated
countries grant
protection to the IR
10. VALIDITY & MAINTENANCE
An international trademark registration is valid for 10 years,
renewable every 10 years.
Registrations in the designated countries will be renewed
simultaneously through a single renewal application.
Subsequent changes in ownership or name/address can also
be recorded by filing a single application.