How The Madrid Protocol Benefits Canadians Applying for a Trademark: Part 1

In June 2019, Canada modernized its Trademarks Act and amongst other changes, also joined The Madrid Protocol. The Madrid Protocol has been an international system for trademark protection for people in many countries. It allows people to use a single application to protect their trademarks more quickly than if they attempt to file a trademark application in each individual country.

What Does This Mean For Canadians Applying For Trademarks?

Trademark law can vary significantly between countries. If you are dealing with a country that is part of the Madrid Protocol (and many are) you will find that applying for a mark is a simplified process when filed through the Madrid Protocol. Instead of applying in each country individually, Canadian applicants now have an efficient means to gain the protection needed for their trademark. This is good news for Canadians, with few downsides. It is important to discuss the pros and cons of the Madrid filing system before deciding to move forward with an international application.

The Benefits of the Madrid Protocol For Trademark Owners:

  • The application procedure can generally be handled by a single Canadian agent.
  • Some of the costs are negated because you don’t need to apply separately to register at each country.
  • The Protocol has strict time limits that will allow you to potentially obtain protection faster than other routes.
  • Record keeping is carried out centrally by WIPO, and this will save you costs from filing records of your name and changes in every region or country.
  • It may be possible to add additional countries later.
  • The International Registration can replace national registration without loss of rights with your mark.

In our next blog, we will outline some of the most frequently asked questions Canadians applying for a trademark need to know with regards to the Madrid Protocol. For more information about the new trademark law or to schedule a free consultation with our trademark agents in Edmonton, click here.