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International trademark

The Madrid Protocol is an international trademark registration system adopted on 1 April 1996.

WIPO (the World Intellectual Property Organisation, a UN organisation) in Geneva administrates the system.

In an application filed under the Protocol, the countries, in which trademark registration is applied for, are designated. In other words, only one application is necessary, instead of separate national applications in the individual countries.

See here for an updated list.

Price

The price for filing a Protocol application depends on the countries designated. In addition to a fixed fee to WIPO, an individual fee is paid to the registration authorities in each country (designation fee). Some countries charge a standard designation fee, but several countries charge an extra fee, which is more in line with their national fees.

Processing

It is a condition of the Protocol that any application must have a national basis in the form of a national (Norwegian) application or registration. 

The application may also be filed, claiming priority from a Norwegian application within 6 months of the date of application in Norway.  

WIPO checks formalities and classification etc. The trademark authorities in the designated countries check if there are any registrations that might prevent registration in their countries.

If existing rights prevent registration in one of the designated countries, that country may be withdrawn from the application. This means that the application is maintained with the other designated countries. However, before a country is withdrawn from the application, attempts may be made to meet the citations or objections that have been put forward. 

After the application has been approved, it will be based on the domestic (Norwegian) registration for 5 years. If, for some reason, the Norwegian registration should cease to be valid, the Protocol registration will also cease to be valid. However, in that event the Protocol registration may be converted into separate national registrations. By doing this the priority from the Protocol registration will be maintained, but full fees must be paid in the different countries.

If it is necessary or desirable for a trademark to be registered in at least 2 (two) countries that are members of the Madrid Protocol, a Protocol application will probably be the most cost effective route for applicants.