International trademark : Malaysia’s accession to the Madrid System

After the accession of the Republic of Rwanda, Algeria, Gambia, Sultanate of Brunei Darussalam, Thailand, Samoa and Canada, it is Malaysia’s turn to join the Madrid System. This means the Madrid Union now has 106 members, covering 122 countries. This succession of countries acceeding confirms the success of the Madrid System and its effectiveness in the international protection of trademarks.

 

  • The Madrid Protocol in force starting December 27th, 2019 in Malaysia

 

On September 27th, 2019, the Government of Malaysia deposited its instrument of accession to the Madrid Protocol. Malaysia becomes the 106th member of the Madrid System and will see the Madrid Protocol enter into force on its territory on December 27th, 2019.

 

  • Ease of procedures

The system makes it possible to file an application for registration in a large number of countries. All you need to do is make a single request, in a single language (French, English or Spanish), to a single office: WIPO (World Intellectual Property Office). Only one set of official fees must be paid and the applicant chooses the countries he/she wants to designate among the 122 countries in the system.

 

WIPO verifies that the formal requirements for the filing have been met, assigns a registration number to the application and forwards its details to the National Offices of the countries designated by the applicant, which may then accept or refuse the registration, after examination.

 

  • A practical and efficient system

It is an inexpensive system due to the fact that the national deposits are bypassed. In addition to the financial advantage and valuable time savings, the system allows applicants, who are more and more numerous, to extend the geographical scope of protection of their trademarks.

The system allows the international trademark to be protected for a period of 10 years, which generates an harmonization of the term of protection.

Finally, the system is accessible to everyone: offering increased geographic protection for your trademark, whether you are a start-up or a multinational company.

 

  • Dependency on protection

It is important to note the dependence of the international registration on the national registration on which it must be based. For 5 years, the fate of the international brand is linked to that of the national registration on which it is based. If the “basis” trademark ceases to exist for any reason (non-renewal, opposition, etc.), the entire international trademark will cease to exist: it will be cancelled.

Thus, the cancellation of your base national trademark entails the cancellation of your international trademark.

 

  • Conclusion

 

The Madrid system offers many advantages for the trademark owner, including the possibility of filing a centralized application.

The Dreyfus firm, an expert in trademark law, can help you by offering you unique online trademark management services.