September 24, 2021

The protocol has been operational since 1996 and has 100 members [5], making it more popular than the agreement, which has been in service for more than 110 years and has 55 members. [4] The main reason why the Protocol is more popular than the Agreement is that the Protocol introduced a number of amendments to the Madrid System that have significantly increased its usefulness for trademark owners. Aripo (African Regional Intellectual Property Organization) was founded by members of some English-speaking African nations. The organization allows applicants to submit a single application for trademark protection in certain countries party to the Lusaka Agreement, which created ARIPO. Botswana, Gambia, Ghana, Kenya, Lesotho, Liberia, Malawi, Mozambique, Namibia, Rwanda, Sierra Leone, São Tomé and Príncipe, Somalia, Sudan, Swaziland, Tanzania, Uganda, Zambia and Zimbabwe are parties. For example, the protocol makes it possible to obtain an international registration on the basis of a pending trademark application so that a trademark owner can effectively apply for an international registration at the same time or immediately after filing an application in a territory of the member court. In comparison, the agreement requires that the trademark owner already has an existing registration in a member jurisdiction, which can often take many months and sometimes years. In addition, the agreement does not offer the possibility of “transforming” international registrations that have been “centrally attacked”. The first general group of contracts defines internationally agreed basic standards for the protection of intellectual property (IP) in each country. The Madrid system offers a centrally managed system for obtaining a set of trademark registrations in separate jurisdictions. registration through the Madrid system does not create a uniform registration, as in the case of the Union trade mark system[1]; on the contrary, it creates a set of national laws through an international registration that can be managed centrally. Madrid offers a mechanism for obtaining trademark protection in many countries around the world, more effective than seeking protection separately in each country or jurisdiction of interest. If there are similar/identical marks, coexistence agreements can be a mutually beneficial solution to the problem.

Europe opposed the minutes of trade mark lawyers who feared losing business because a Community trade mark application could be filed directly through the Madrid Protocol procedure. [2] The Madrid Protocol system provides for the international registration of marks by an application that may extend to several countries. . . .

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