International Treaties and Madrid Protocol Practice
The international domain tests how Philippine practice interacts with the Paris Convention, TRIPS, the Nice and Vienna classifications, and the Madrid Protocol.
Core rules
- Paris Convention priority gives a six-month window to file in another member country based on the first application.
- Paris Article 6bis and TRIPS require protection for well-known marks, including against confusing similarity.
- TRIPS sets minimum standards for trademarks and enforcement but leaves local procedures to members.
- The Madrid Protocol lets a basic application or registration in the office of origin support an international registration designating other members.
- IPOPHL examines Madrid designations like national applications and may issue a provisional refusal within the applicable period, generally 18 months.
- International registrations last 10 years and are renewable; they depend on the basic mark for five years, subject to central attack and transformation.
Worked example
A Philippine company has a Philippine registration for 'ALON' and files an MM2 through IPOPHL designating Japan and the European Union. Japan issues a provisional refusal based on a similar earlier mark. The applicant must respond in the Japanese procedure through a local representative. If the Philippine basic mark is cancelled within five years, the international registration may be attacked centrally; the company can consider transformation in the designated markets.
Traps
Madrid is not a single worldwide trademark; each designation is examined locally. Do not miss the 18-month refusal response window or local agent requirements. The six-month priority period is not extendable. Fees are paid in Swiss francs and vary by designation. Central attack is a real risk; keep the basic mark healthy.