Juletha-Marie Dercksen and Adré Pretorius of Von Seidels examine the application of the Madrid system in OAPI member states.
General background on the Madrid System
The Madrid System for the International Registration of Marks was established and is governed by the Madrid Agreement (concluded in 1891) and the Protocol relating to that Agreement (concluded in 1989). The system enables companies and individuals to protect their trade marks in various jurisdictions by registering an International Registration (IR).
The main benefit of an IR in each designated jurisdiction is that the mark is protected from the filing date of the IR in the same way as if it had been registered at the trade mark office of the relevant jurisdiction.
The Madrid system is convenient, economical and efficient. A trade mark owner can use this system if its home country (which is determined by certain criteria such as domicile or residence) is a member of the Madrid System. It is not obligatory for countries to join the Madrid System, and each country can make its own decision in this regard. Read more