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Madrid Protocol

Also known as: Madrid System, International Trademark Registration, International Trademark Application, WIPO, Madrid Protokolü

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In short

The international trademark registration system administered by WIPO, which allows protection to be sought in multiple countries through a single application, in one language and with one set of fees.

The Madrid Protocol underpins the international trademark registration system administered by the World Intellectual Property Organization (WIPO). Turkey has been a member since 1999. The system lets a trademark owner seek protection in several countries through a single application based on its home application or registration.

How It Works

  • Basic application: An applicant established in Turkey first files a trademark application with TÜRKPATENT or relies on an existing registration.
  • International application: The application is sent to WIPO through TÜRKPATENT, designating the countries (and regional systems such as the EU) where protection is sought.
  • National examination: WIPO checks formalities and notifies the designated countries. Each examines the application under its own law; if no refusal is notified within the set period, the mark is protected there.

Advantages

  • One application, one language, one fee payment
  • Central management: assignments, name changes and renewals in a single step
  • New countries can be added later

Points to Watch

  • Central attack: For five years the international registration depends on the basic application. If the Turkish application is refused after an opposition, foreign protection is affected too.
  • Specification: The international list cannot exceed the scope of the basic application.
  • Local agents: Responding to refusals usually requires an agent in that country.
  • Countries outside the system require direct national filings.

Priority: an international application filed within six months of the first Turkish application can benefit from the Turkish filing date.

Frequently Asked Questions

Does a Madrid application provide a worldwide trademark?

No. There is no "world trademark". Each designated country examines the application under its own law and may refuse it. The result is a bundle of separate national protections.

What happens if the Turkish basic application is refused?

If the basic application or registration is refused or invalidated within five years of the international registration, the international registration falls to the same extent. This is known as central attack; transformation into national applications is then possible.

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