Trade mark owners' perspectives on the Madrid System: practical experiences and theoretical underpinnings

Abstract

The Madrid System for the registration of trade marks is based on two international treaties: the Madrid Agreement Concenring the International Registration of Marks and the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks. The objective of the system is to assist trade mark owners in obtaining trade mark protection internationally and to facilitate their worldwide protection. Thus, the question arises to which extent the system meets the requirements it was designed for. This article presents the Madrid System from in international trade mark owner's perspective, links the Madrid treaties with trade, and evaluates the Madrid System from a practitioner's point of view. The views of trade mark owners varying in size, geographical distribution, market context and number of trade marks filed through the Madrid System have been explored in a series of 23 in-depth interviews. The empirical analysis underlines the important role of the Madrid System in expanding business' market coverage, but also shows that a major challenge will be to meet the diverse needs of business operating in varied contexts of developing and developed countries. While trade mark owners in developed countries need a system that fits high-speed post-Fordist business operations, further awareness-raising and capacity building is necessary to fully integrate the private sector in developing countries and to expand participation beyond current usage levels.