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2000: A Record Year for the International Registration of Trademark and Industrial Designs

Geneva, March 2, 2001
Press Updates UPD/2001/126

Record growth in the number of trademarks and designs registered with the World Intellectual Property Organization (WIPO) in 2000 reflected greater recognition of the commercial importance of industrial property protection. In 2000, almost 23,000 new trademarks were registered with WIPO under the Madrid Agreement and Protocol representing an increase of 15% on the previous year. As each international registration contained on average 12 designations of the countries in which the registration is to have effect, this is equivalent to over 275,000 national trademark applications.

In addition, in 2000, the number of designs for which protection was sought under the Hague Agreement hit a record of 21,195, representing a 7.25% increase on figures for 1999. Under the Hague System, an applicant may submit up to 100 designs in a single international industrial design deposit. In 2000, the number of international deposits registered under the Hague Agreement rose by 6% to reach a total of 4,334. On average, each registration contained 5 designs and had effect in 11 countries.

The growth in trademark and industrial design registration activity reflects greater awareness of the need for wider protection of trademarks, industrial designs and other intellectual property assets.

Trends in Madrid System

The sharp increase in the use of the Madrid system is, on the one hand, a result of an increasing awareness of the system in those member states (such as the Scandinavian countries and the United Kingdom) that joined the Madrid Union after the Madrid Protocol came into operation in April 1996. This trend is expected to continue. On the other hand, it is due to continued expansion of the geographical coverage of the Madrid system. In 2000, an additional nine states became bound by the Madrid Protocol, including Japan (which deposited its instrument of accession at the end of 1999), Italy (already party to the Madrid Agreement), Greece and Singapore. This brings the membership of the Madrid Union to 67 and the number of states party to the Madrid Protocol to 49. This latter figure is particularly noteworthy considering that the Protocol had only nine member countries when it came into operation less than five years ago. The increased number of member states makes the system even more attractive for users who can now designate these new countries in their international applications.

The largest number of registrations under the Madrid system last year were received from users in Germany, France, Benelux, Switzerland, Italy, Austria, Spain, the United Kingdom, Sweden and the Czech Republic.

In 2000, WIPO also initiated a review of the Madrid system to make it more user-friendly and responsive to the needs of users and national administrations. This process will continue in 2001. Efforts to further upgrade the use of information technology within the WIPO Trademark and Industrial Designs Registries to generate more efficiency gains also continued in 2000. The trademark registry is automated operates in a paperless environment.

Trends in Hague system in 2000

The largest users of the Hague System in 2000 in terms of the number of industrial design applications deposited include: Interior's, Swatch, Sony Overseas, Daimler-Chrysler, Koninklijke Philips Electronics, Salomon, Hermès Sellier, BMW, Koziol Geshenkartikel and Unilever.

The top ten users submitting the largest number of designs include: Escada AG, Miroglio France SA, Swatch AG, Hermès Sellier, Interior's, Englers Urs, G.A. Automatische Verpackungsmachinen GmbH, Herner Glass GmbH, Sattler GmbH, Pointex S.p.a. and Terrex-Handels AG.

Increased use of the Hague system both in terms of the number of international deposits registered and the record number of designs is a reflection of the importance of this intellectual property resource to businesses operating in a competitive commercial environment. Designs are a valuable intellectual property resource, involving significant investment, which often determine the success of one product over a comparable one.

The international protection offered under the Hague Agreement is a cost-effective and user-friendly means by which creators may protect their industrial designs against unlawful imitation in any of the countries that have signed up to the system by filing a single application. One of the main advantages of the system is that users are able to include up to as many as 100 designs in each international application thereby keeping the average cost of protection per design low. Without the system, a designer would have to file separate applications in each of the countries in which protection is sought. This is because, as a general rule, industrial design protection is limited to the territory of the country where protection is sought and granted.

Background

Under the Madrid and the Hague systems, a trademark or industrial design owner in one of the member states can obtain protection for his mark or design in some or all of the other members by filing a single international application with WIPO. The resulting international registration is published by WIPO and notified to all the designated countries. If a country does not expressly refuse protection within a specified period, the mark or design is automatically protected in the country concerned. Under the Madrid system, additional countries may be designated subsequently. Any changes affecting the registration, such as a change in ownership of the mark or design, as well as a renewal of the registration may be effected with regard to some or all of the designated countries through WIPO.

The Madrid system is governed by two treaties: the Madrid Agreement, which dates from 1891 and was revised several times since then, and the Madrid Protocol, which came into operation in 1996 and introduced some new features into the system in order to address difficulties that had impeded adherence by certain countries. A country may adhere to either the Agreement or to the Protocol or to both.

The Hague system is governed by two acts: the 1934 Act and the 1960 Act. Since over 95% of the deposits of industrial designs are effected in accordance with the 1960 Act, the above description refers more specifically to this Act. In July 1999, a new Act (the Geneva Act) of the Hague Agreement was adopted and was signed by 24 countries. It will enter into force when it has been ratified or acceded to by six countries, of which at least three must have a certain level of activity in the field of industrial design protection.

For further information, please contact the Media Relations and Public Affairs Section at WIPO:

  • Tel: (+41 22) - 338 81 61 or 338 95 47
  • Fax: (+41 22) - 338 88 10
  • Email: publicinf@wipo.int.
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