The Madrid Protocol allows trademark owners to apply for protection in several or all of the member states of the World Intellectual Property Organization - WIPO, with a single application. The member states currently number up to 122 countries and include the European Union, China and the USA.
An international application must be based on a national application that will be registered later, or on a pre-existing Icelandic registration. The applicant must therefore submit an application for registration in Iceland to the Icelandic Intellectual Property Office, before or at the same time as the international application is submitted. The mark must be identical in both cases and the goods and service list may not be more extensive than indicated in the national application.
An international trademark application must be filed through the Office of Origin (where the basic trademark was filed). An application based on an Icelandic registration must therefore be filed through Icelandic Intellectual Property Office. Once the ISIPO has determined that the application meets Icelandic registration requirements, the designated countries make separate decisions on the registrability of the application in each country. The refusal of registration by one designated country does not affect the application process in other countries.
If a subsequent application is made in another country based on the Icelandic trademark registration within 6 months from the date of filing it will receive the same filing date as the original Icelandic application and thus have priority over other applications that might have been filed in the meantime.
A fee is paid for each designated country. Handling fees shall be paid to the Icelandic Intellectual Property Office in accordance with the fee list, while other fees for the application shall be paid directly to WIPO.
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