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Madrid Protocol And Madrid Agreement

In 1966 and 1967, efforts were made to address this problem by creating a new treaty that would reflect the needs of the time, not the world of the 1890s, when the agreement was adopted. This led to the development of the Trademark Registration Treaty (TRT), which was adopted in Vienna in 1973 and came into force in 1980 with five States Parties, namely Burkina Faso, Congo, Gabon, the Soviet Union and Togo. Given that there were no other TRT memberships and that the number of registrations had been low since its inception, it was clear that the TRT would probably not have supplanted the Madrid agreement. The protocol has been in force since 1996 and has 100 members,[5] making it more popular than the agreement, which has been in force for more than 110 years and has 55 members. [4] The main reason why the protocol is more popular than the agreement is that the protocol has introduced a number of changes to the Madrid system that have greatly improved its usefulness for trademark holders. The Registrar will be registered in the Canadian Trademark Database or will register the renewal of an international registration for an application for minutes or registration received by the International Bureau. On 31 July 2015, Algeria tabled its accession instrument and will accede to the Madrid Protocol on 31 October 2015. As Algeria is the last member of the Madrid system to comply, the protocol is now effective throughout the Madrid system. [7] Compliance with the convention or protocol includes membership of the Madrid Union. As of June 2019,[update] there are 104 members from 120 countries. The original treaty has 55 members, all of which are equally parties to the protocol (when Algeria acceded to the Madrid Protocol on 31 October 2015, all members of the Madrid agreement were also members of the Madrid Protocol and many aspects of the Madrid agreement no longer have practical effect). The term ”Union de Madrid” can be used to describe the legal systems that are parties to the agreement or protocol (or both).

[4] For example, under the protocol, it is possible to obtain an international registration on the basis of a pending trademark application, so that a trademark holder can effectively apply for international registration at the same time or immediately after.


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