Consequences of U.S. Implementation of Madrid Protocol - Overview
On November 2, 2003, the United States accession to the Madrid Protocol (“Protocol”) became effective. The Protocol allows a U.S. applicant to apply for trademark registration in member countries by filing an “international application” at the United States Patent and Trademark Office (USPTO). Likewise, a foreign applicant may apply for registration in the United States by filing an “international application” with the applicant’s home country “office of origin.”

In order to join the Protocol, the USPTO had to create a new procedural system for filing international applications, and had to amend many of its rules for filing to come into compliance. In this article, the new procedures and rule changes will be delineated.