On 2 October 2017, Indonesia became the 100th member of the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (the “Madrid Protocol”). It is expected the Madrid Protocol will enter into force for Indonesia on 2 January 2018.
Indonesia is the eight member of the Association of Southeast Asian Nations (ASEAN) to join the Madrid Protocol and follows closely on the heels of Thailand which joined in August 2017. It will be possible to designate Thailand against new and existing International Registrations from 7 November 2017.
More countries are also in line to join the Madrid Protocol, as the Hong Kong government announced earlier this year that it proposes to adopt the Madrid Protocol following a public consultation. It is anticipated that brand owners will be able to designate Hong Kong against International Registrations possibly as early as 2019.
Meanwhile, Canada is continuing consultation on draft Regulations to its amended Trade-marks Act, which will allow for the implementation of the Madrid Protocol, amongst other significant changes to Canadian trade mark law. Canada’s amended Trade-marks Act is currently scheduled to come into force in early 2019 though it is unclear when accession to the Madrid Protocol will occur.
The Madrid Protocol is an international treaty which simplifies the procedure for the international registration of trade marks. It allows for the filing of trade marks in multiple countries through a single application. It often provides significant cost benefits for trade mark holders but may not always be the optimal filing strategy. Please contact DCC if you would like to receive strategic advice on an International filing programme. A full list of members of the Madrid Protocol may be found here.