The international exploitation of a trade mark is assisted by the Madrid Agreement Concerning the International Registration of Marks, which dates back to 1892. Under the Agreement, registration in one country that is a signatory to the Agreement gives the person the right to file a single application for registration in any other signatory country the person chooses. Obtaining trade mark registration in non-signatory countries is possible, but involves a separate application and fee to each country’s administrative trade mark office.
The UK and some other countries were unhappy with the Agreement and joined the system in 1989 subject to qualifications contained in what is now known as the Madrid Protocol. The US has never accepted the system because of a dispute with the European Union over voting rights.
Last week, a number of officials from the International Trademark Association tried to persuade Congress to adopt the Madrid Protocol, which has found support in both the US Patent and Trademark Office and the White House. It is understood that there is now no opposition to the Madrid Protocol; a lack of interest in the issue seems to present the biggest reason why the necessary vote might never take place.
If the US accepts adopts the “international” system, obtaining trade marks in the US should become cheaper and easier for European businesses.