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Faster and
cheaper may provide better global access but it also means Americans will have
to systematically “look to see what else is out there”. Sounds good to me. KWC The U.S. Joins Global
Trademark System
By Sabra Chartrand, NYT, 12.16.02 @ http://www.nytimes.com/2002/12/16/technology/16PATE.html (opening and
closing paragraphs) After 13 years, the United States is finally joining a
one-stop shopping system for managing trademarks that more than 65 other
countries have adopted since 1989. But even though the new rules had vigorous support among
American trademark holders and applicants, and even though they have been
practically inevitable for over a decade, they will not go into effect until
November 2003. The new procedures are called the Madrid Protocol, after an
earlier treaty drawn up in 1896. Under
them, trademark applicants need file only one application to win protection in
the countries belonging to the pact, instead of having to file separate
applications with each nation. This is a sweeping change for American applicants. Under the new system, an applicant can
file an international application with the United States Patent and Trademark
Office. On the form, he would
indicate the countries belonging to the Madrid Protocol in which he wanted
protection. The form can be
submitted in French or English, eliminating the need for applying in multiple
languages. The Patent and
Trademark Office then forwards the application to the World Intellectual
Property Organization, and WIPO sends out an international registration for the
mark. That is not the end of the process, however. WIPO will then send the application to
the relevant countries, where trademark examiners will analyze the application.
Each country may take 18 months to
make a final decision, or longer if the application is opposed. If the trademark is approved, the Madrid
Protocol gives it a life span of 10 years plus one renewal, for which an owner
must pay a $100 renewal fee. It is a chain of paperwork, but is still an easier, cheaper
and more efficient way for trademark holders to secure worldwide protection
than submitting separate applications to each country involved. For small companies and independent inventors the rule should
make it feasible to invest in international trademarks by significantly
reducing the red tape, local agents, language requirements and fees involved. …"We've been talking about the Madrid
Protocol for 10 years, and it wasn't happening," Ms. Beresford added. "So when do you decide to put the people and time into
it? The answer is: not until you
have the law." The changes will give American trademark holders "layers
upon layers upon layers of protection," Ms. Reiss said. "Now it's possible to get a
community trademark in the 15 countries of the European Union. So a company could have a national
registration, a C.T.M. and an international registration. "The bottom line is, the Madrid Protocol should help
small trademark owners," she added, "because individuals and small
entities that can't have all these layers will opt for international
protection, to
the extent that 60 countries is worldwide." |
