The system of international registration of marks is governed by two treaties: the Madrid Agreement Concerning the International Registration of Marks, which dates from 1891, and the Protocol Relating to the Madrid Agreement, which was adopted in 1989, entered into force on December 1, 1995, and came into operation on April 1, 1996. Together, these treaties comprise the so-called Madrid System. Countries may be members of either or both treaties in the Madrid System. The Member countries as a whole constitute the Madrid Union.

Effective September 2008, where two (2) countries are members of both the Madrid Agreement and the Madrid Protocol, the Protocol applies in those parties' mutual relations under the Madrid System. The Madrid Agreement is only applicable where either the country of origin or the designated country (or both) is bound only by the Madrid Agreement.

Through the Madrid System, it is possible for qualified applicants to file a single application to seek to obtain an International Registration in designated member countries.

Currently, Canada is not a member of either the Madrid Agreement or the Madrid Protocol. However, the Canadian Intellectual Property Office (CIPO) has turned its attention to this issue. In 2005, CIPO requested comments relating to its proposed modernization of the Canadian Trade-marks Act. The main impetus for the proposed modernization is Canada's possible adherence to the Madrid Protocol.  While reservations exist, it has become apparent with the adherence of the United States (which joined the Madrid Protocol in 2003) and the European Union (which joined the Madrid Protocol in 2004), that international momentum is building towards the use of Madrid as a viable alternative to national registration systems.

Gowlings is following these developments in Canada, and has developed this devoted portal to post information about the Madrid Protocol generally, and as it relates to Canada.

The content provided on the Madrid Protocol site is general information only. It is not intended as nor should it be regarded or relied upon as legal advice or opinion. We would be pleased to provide you with more information or specific advice of matters of interest to you at your request. You should not rely on, take any action or take or fail to take any action based solely upon information appearing in this publication.

Please note as well that the presentation of information on the Madrid Protocol site or your use or reliance upon such information does not establish a lawyer-client relationship between you and Gowlings or between you and any Gowlings professional.

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Frank Mulock
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Tel: (613) 786-0105
Fax: (613) 788-3402
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