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What are the differences between Madrid Agreement and Madrid Protocol?

The Madrid Agreement and the Madrid Protocol are independent, parallel treaties, with separate, but overlapping, regulations and memberships. The differences between the two treaties are as follows:

S. No.

MADRID AGREEMENT

MADRID PROTOCOL

1.  Basic of an International Registration

Applications can only be filed after the national registration is complete.

Applications can be filed even if the national application is pending

2. Time Limit for Refusal Period

Trademark Offices have to inform the International Bureau within 12 months if any objection is raised.

Each Trademark Office can opt for a period of 18 months or even longer in case of refusals based on oppositions.

3. Term of Protection

Term of Registration is 20 years and thereafter subject to renewal.

Term of Registration is 10 years and thereafter subject to renewal

4. Fee Structure

Each Trademark Office charges individually, i.e. fixed fee for each designated Contracting Party.

Cost of filing an application is considerably less.

5. Conversion to National Application

Trademark applications cannot be converted into national application if any national application on which the International Registration is based is refused, withdrawn or cancelled.

Application can be converted into a national application if it retains the date or priority date of the International Registration.

6. Filing Language

Applications can only be filed in French.

Applications can be filed in French, Spanish and English.

7. Flexibility in Choice of Office of Origin

An Applicant has less choice over the trademark office in which it must file: It may only file in a contracting country to the Agreement in which it has ÔÇ£real and effective industrial or commercial establishmentÔÇØ. Only if it has no such establishment may it file in the Office in the country of its domicile if that country is party to the Agreement or, if it has no domicile in such country, then it may file in a country party to the Agreement where it is a national.

the Applicant may choose his Office of Origin based on establishment, domicile or origin.

8. Membership of EU

European Union is not a party to the Agreement.

European Union is party to the Protocol.

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