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Introduction To International Trademark Applications
The Madrid Protocol exists to make filing of international trademark applications possible. Instead of filing an application in each country, one can file one or more international trademark applications through the use of one single system and have trademark protection in more than 170 countries. Since South Africa is not a signatory to the Madrid Protocol one must file a separate application for South Africa.
For countries in the EU, the USA, UK and Australia one can simply file international trademark applications through the Madrid Protocol.
It should be noted that international trademark applications are rather costly and only to be considered where one intends to take a brand international or want to manage a website with global reach.
In many instances, one may want to consider national instead of international trademark applications. Our attorneys will provide you with the required information and legal advice to help you make an informed decision in terms of national or international trademark applications.
Main Treaties Regarding International Trademark Applications
The two main treaties which govern international trademark applications and registrations are that of the Protocol and the original Treaty (Madrid Agreement) dating back to 1891.
The Protocol was taken into force in 1995 and came in effect in 1996. States which are parties to the Paris Convention may become a signatory member to the Protocol. A complicated system exists regarding membership.
Smit & Van Wyk as experienced intellectual property attorneys in South Africa assist with local and international trademark applications.
The first step is to contact us for assistance regarding a local application and then also legal advice regarding the best route to take for filing of international trademark applications.
View our trademarks section for more information on trademarks and contact us for an appointment or legal advice regarding such today.
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