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LAWYER IN SPAIN INFORMING ON COMMUNITARY TRADE MARK VS

INTERNATIONAL REGISTRATION (II)

As was already mentioned in a previous post of this Spanish law firm,

Arcos & Lamers Asociados, those trade marks that follow the registration

as Community trade marks, may expand their horizons beyond

protection of the European Union through an international registration.

 This process is performed by the Madrid Protocol system.

But, what is the Madrid System for International Registration of 

 Trademarks?

 The Madrid System for the International Registration of Marks,

established in 1891, is governed under the Madrid Agreement (1891)and the Madrid Protocol (adopted in this city on June 27, 1989), and is

managed by the World Intellectual Property Organisation (WIPO) in

Geneva, Switzerland.

 The Madrid System offers the trademark owner the possibility to protect

it in several countries (those that form the Madrid Union), by filing a

single application directly in the own national or regional trademark

office.

Whenever the parties to the Madrid Agreement are always countries,

while the Protocol may be intergovernmental organization, in turn, was

from October 1, 2004, when the European Union acceded to the Protocol,

so that both trademark systems became complementary.

In the event you are intended to register a trade mark application or aCommunity trade mark as an international registration, the international

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application is filed directly with the Office for Harmonisation in the

Internal Market (OHIM), becoming it in “Office of Origin”.

An application for international registration, may be filled only by natural

persons or legal entities which have real and effective industrial or

commercial establishment in, or is domiciled in, or are national of, a

county or intergovernmental organization that is a party to the

Agreement (in the case of countries) or Madrid Protocol (countries and

intergovernmental organizations).

 The Office for Harmonisation in the Internal Market (OHIM) analyzes the

content of the international application and subsequently transmitted to

the International Bureau of WIPO.

 The multi-lingual Spanish lawyers of Arcos & Lamers Asociados, your

solicitor in Spain, have made a brief reference to the possibility of 

registering their mark through two independent international procedures

but complementary, which main characteristics are the submission of an

application in a single office, in one language, with reasonable fees andcosts and a single currency.

Before starting any of these processes and avoid unnecessary costs, it is

advisable to search through the various files and offices to get an idea of 

the real possibilities of the registration of the mark and meet priorities

oppositions in applications and registered trade marks.

Do not hesitate to contact the International and Spanish trade mark

lawyers of Arcos & Lamers Asociados to Project your products and

services in Spain, E.U, and those countries part of the World Intellectual

Property Organisation (WIPO).

Félix Ruiz Peña, English speaking Spanish lawyer in Marbella.

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