South Africa and the Madrid Protocol and or Madrid Convention for Trademarks
South Africa is not a signatory to either the Madrid Protocol or the Madrid Convention in respect of trademarks.
As trademarks are regional or territorial in nature, applicants to file Madrid Applications should consider very seriously about filing their respective trademarks in South Africa
Galgut & Galgut have been filing trademarks on client’s behalf for over 40 years.
Contact us with regards to fees for filing trademarks in South Africa.
The Madrid System (Madrid system for the international registration of marks) is the international system for registering trademarks around the world. The basis for the Madrid System is the Madrid Agreement Concerning the International Registration of Marks of 1891, and the Protocol Relating to the Madrid Agreement (1989).
The Madrid System does not create an international trade Mark such as in the case of a community trademark CTM, where the application at OHIM (Office for Harmonization in the Internal Market) once registered covers all the member states -i.e. Austria , Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom- it creates a bundle of national rights able to be administered centrally.
The Madrid system is administered by the International Bureau of the World Intellectual Property Organization (WIPO) in Geneva, Switzerland. There are 90 countries registered with the Madrid System.
South Africa is not a party to either the Madrid Protocol or the Madrid Application