Written by
Raja Abbas
Reviewed by
Table of Contents
What Is The Madrid Goods and Services List?
The Madrid Goods and Services List originates from the Madrid Protocol. The enforcement of this list is what we call the Madrid System. The Madrid System deals with intellectual property and trademarks on a global spectrum and is used by the World Intellectual Property Organisation (WIPO).
Australia is set to adopt the Madrid Goods and Services list in March 2024, meaning that Australia’s classification standards and international trademark processes will align itself with international standards. The change will make it easier for businesses to apply for a trademark overseas as the request, modification and renewal of a trademark overseas can be completed via one application in a centralised system.
Instead of applying for a trademark in a country individually and ensuring legal compliance with legislation in foreign countries, the Madrid System will allow businesses to file trademark laws under one application in other countries.
How Will This Impact Businesses in Australia?
The Madrid Goods and Services list is expected to become effective in March 2024. This means the way Australian businesses apply for trademarks overseas will be changing.
When Australian businesses apply for trademarks internationally, they will have to do so through eMadrid where one application will provide businesses with the convenience of requesting, modifying and renewing their international trademark through a single application.
The Madrid System will streamline various administrative processes and reduce bureaucratic tasks Australian businesses would have to complete when applying and monitoring their trademark internationally. Instead of businesses having to apply for trademarks that are in alignment with countries legislation, the Madrid system bypasses this and examines IP laws globally as part of the process.
Costs Associated With The Madrid Protocol
There are a few one time fees that are connected with an application for international registration under the Madrid System.
These costs comprise of:
- The basic feel;
- A complementary fee for each contracting party;
- A supplementary fee for each class of goods and services in excess of three.
To determine the costs of these fees, use WIPO’s Fee Calculator.
There are also individual fees associated with each country listed under the Individual Fees under the Madrid Protocol table. For Australia, the only individual fee payable is the cost for each class of goods or service.
All fees must be paid in Swiss francs, and applications from countries in a Least Developed Country (LDC) benefit from a 90% reduction in the basic fee for their individual application.
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Advantages of The Madrid Protocol
Convenience
Using The Madrid System enables the application, modification and renewal of a trademark to be conducted through one request. The Madrid System grants businesses to manage trademarks through one application, one language and one set of fees. Managing trademarks can be conducted online and easily through WIPO. The system allows businesses to have applications examined according to trademark legislation in the designated country through the one application, rather than applying for one application per country.
Global Expansion
The Madrid System allows you to have an application expanded according to legislation in different countries. Registering for a trademark via the Madrid System allows you to manage your trademark in all territories involved by the Madrid System, which makes up approximately 80% of world trade. The Madrid System is also more convenient to enter new markets
Cost and Time Efficient
Filing an application through the Madrid System is cost and time efficient. The basis for this is framed around how the centralised Madrid System empowers businesses to apply for trademarks on an international spectrum through one application, rather than applying for one in each individual country. This reduces the fees in translations, legal fees and administrative costs.
Using the Madrid System enables businesses to enter international markets and secure their trademark quickly and uniformly across various jurisdictions through one application. In response, alleviating businesses of managerial and administrative costs.
Whilst there are various advantages to The Madrid System being adopted in March 2024, we recommend speaking to a lawyer to ensure your business is legally compliant with the new laws coming into effect.
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F.A.Qs
What is the Madrid System?
The Madrid system is a convenient and cost effective system which empowers businesses to apply for trademarks globally via one application. The system will commence operating in Australia by March 2024 and will restructure the way Australian businesses apply for trademarks in other countries and jurisdictions.
What is the Madrid System?
The Madrid System will impact Australian businesses through alleviating the stress of administrative tasks such as ensuring compliance with other countries’ legislation, and instead, having legal compliance with international legislation automatically part of the process.
Should I seek legal advice regarding the adoption of the Madrid System in Australia?
Yes, it is recommended that businesses consult with a lawyer to ensure legal compliance with the new laws coming into effect with the adoption of the Madrid System in March 2024. Get in contact with one of our lawyers who may be able to assist you with the new IP law.
Conclusion
In conclusion, the Madrid System is set to take place in Australia in March 2024. With that being said, integral businesses in Australia who have trademarks or are applying for trademarks internationally are aware of the new reform. The Madrid System is a centralised system which enables businesses to apply, monitor and renew trademarks through one application. Furthermore, the new system has various advantages such as cost and time efficiency when managing trademark applications overseas.
Have exclusive rights to your brand and logo and safeguard your intellectual property
Your business is your own. Protect it today.
