The Madrid System is a controlled system by the International Bureau of the World Intellectual Property Organization, (known as WIPO) for creating a portal for an “international registration” of marks in separate jurisdiction established in Madrid in 1989.
The said Agreement aims to provide a tool that would allow applicant who wants to have their trademark registered in multiple countries without the need to go for the hectic process of filing and trademark searches while maintaining separate registrations in multiple countries.
One of the pros of such system is that if the trademark office of a particular country does not refuse a registration within 12 months, the mark will have the same protection as registered national marks in that country. Besides that, the Madrid System also provides a more shortened renewal system since it can be made through a single filing with WIPO. The system allows one to register their mark in countries like the United States, EU, Malaysia, Thailand, Singapore and more.
While the said system allows more convenience and simplified process for everyone, it comes with its cons too. First, most applications on are unrepresented by a local agent or attorney, which might affect the applicants’ knowledge of whether necessary documents have been submitted, or if certain conditions have been fulfilled. While filing through the system may be cheaper as compared to assigning local agent or attorney, when application faced any issue applicants would have to appoint local agents and this might have cost more. This would cause the applicant to also delay in filing for any counter-arguments if faced refusal or any actions to be taken if anything were to happen to his applications.
Without guidance from experts, the process may be a little confusing and overwhelming for the applicants as well. Keep in mind that the entire process on the said system takes approximately 18 months, which is more time consuming as compared to going through a local agent. This further proves that even though the straightforwardness of the process may cost lesser, it is definitely more time consuming if the application is faced with any confusion or problems.
Therefore, though assigning a local agent is more costly, it definitely less time consuming as the local agents know the law of the designated countries thoroughly, and give advices and guidance to fasten the entire process of registration of your trademark.