Administered by the World Trade Organization (WTO), the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) is the international agreement which laid down the minimum’ standards for different parts of the intellectual property (IP) regulation.
In the year 1994, the said agreement was negotiated at the end of the Uruguay round of the general agreement on tariffs and trade (GATT). The TRIPS encompasses of the various requirements which laws in different countries are required to abide for along with the specification of the procedures, remedies and disputes.
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In the Article 15(1) of TRIPS, ‘sign’, which has been used in part or form of the ‘trademark’ in the trademark legislation of various jurisdiction in throughout the world?
The Madrid system for the international registration of marks:
The Madrid system is seen as the pivotal international system for enabling the trademark registration in more than one jurisdiction.
It offers the centrally administered system for achieving the trademark registrations in the jurisdiction of member nations by extending and facilitating the protection of the international registration obtained through the World Intellectual Property Organization.
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The international registration is said to be based on the application or registration which is acquired by the trademark applicant within its home jurisdiction.
The foremost benefit derived from the Madrid system is that it facilitates the trademark owner in obtaining trademark protection in multiple jurisdictions by filing the application only in one jurisdiction on the payment of one set of fees.
This system allows the applicant to make amendments and complete registration process across all the by applying through the single administrative process. Moreover, it is easy to extend the international registration coverage to the other member jurisdictions at any given point of time.
Trademark Law Treaty:
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The trademark law treaty aims to establish the system through which jurisdictions of member nations agree for standardizing the various procedural requirements of the registration process in connection to the trademark.