The US Senate has passed the implementing legislation necessary for the country to join the Madrid Protocol, according to the Legal Media Group. The Protocol makes trade mark registration cheaper, because applicants can have their mark protected in several countries by simply filing one application with a single Office, in one language, with one set of fees.

The Madrid Protocol, which was adopted in 1989 and has been in force since 1st April 1996, introduced a system of international trade mark registration administered by the International Bureau of the World Intellectual Property (WIPO).

A single registration under the Madrid system produces the same effects as an application for registration of the mark made in each of the countries designated by the applicant.

If protection is not refused by the trade mark Office of a designated country within a specified period (12 or 18 months), the protection of the mark is the same as if it had been registered by that Office.

The Madrid system also simplifies the subsequent management of the mark by making it possible to record changes in ownership or changes in the name or address of the owner. Also, registration can be renewed a simple single procedural step with the International Bureau of WIPO.

At present, 56 countries are members of the Protocol. It should take effect in the US one year after the enactment of the implementing legislation.

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