Malaysia became on September 27, 2019 the 106th signatory of the Madrid protocol.
This means that the protocol will enter into force in Malaysia on December 27, 2019, from which date foreign applicants will be able to register in Malaysia via WIPO instead of having to file trademark applications with the Malaysia trademarks office directly. It will also allow Malaysia citizens and companies to avail themselves of the Madrid Protocol for their foreign registrations.
Malaysia's accession means that the Madrid protocol now covers 122 territories.
How does the Madrid System work?
In order to use the system, a potential applicant must comply with one of the following requirements:
- Be a national of a Madrid Union member country; or
- Be a resident of a Madrid Union member country; or
- Have a real and effective industrial or commercial industrial establishment in Madrid Union member country.
This will determine the applicant’s country of origin.
The first stage of the process is to file a trademark application or have a trademark registered in the country of origin. This is done through the local trademarks office in compliance with the country’s requirements. Once the local trademark is filed or registered, an application is made to the World Intellectual Property Organization (WIPO) via the local trademarks office to extend the trademark to the designated member countries.
The trademarks office of each designated country will then proceed to examine and accept or refuse the application depending on their local regulations.
For more information, read our full article about the Trademark Madrid System.
Author: Victoire Bauvin Trademark Consultant @ iGERENT