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International Trademark Registrations Continueto Grow in 2001

Geneva, February 12, 2002
Press Updates UPD/2002/158

The number of trademarks registered with the World Intellectual Property Organization (WIPO) in 2001 increased by 4.4% on the previous year to reach some 24,000, reflecting growing commercial interest in this area. Since each international registration under the Madrid Agreement and Protocol contains on average 12 country designations in which the registration is to have effect, this is equivalent to around 288,000 national trademark applications. The renewal of some 6,305 existing trademark applications was also recorded.

The largest number of international applications filed in 2001, for the fifth consecutive year, came from users in Germany (5,753 applications or 24% of total) and France (3,689 applications or15.4% of total). Users in Switzerland with 2,921 (12.2%) international applications nudged into the top three last year overtaking Benelux with 2,911 (12.1%) international applications.

In 2001, membership of the Madrid system rose to 70 countries. Six additional countries (Australia, Belarus, Bulgaria, Ireland, Mongolia and Zambia) became bound by the Madrid Protocol, the most recent of the two treaties governing the international registration system, bringing the total to 55. The membership of Australia, means that together with China, Japan and Singapore, the Madrid system now has a significant presence in the Pacific region.

A number of improvements designed to make the system more flexible and user-friendly were introduced in 2001 by the Madrid Assembly which approved the first major revision of the Common Regulations under the Madrid Agreement and Protocol since they came into force in 1996. These changes will make the system more responsive to the needs of users and the offices of the participating countries. They include a provision for the recording at the international level of trademark licenses and the rules governing the filing of requests to record changes in the International Register (considered one of the most useful features of the international system). This gives trademark owners greater choice.

 

Industrial Designs

The number of industrial designs for which protection was sought under the Hague Agreement in 2001 remained steady with 20,735 designs registered. The top ten users of the Hague system in terms of registered deposits are the following companies: Swatch AG, Interior's SA, Sony Overseas SA, Hermès Sellier, DaimlerChrysler AG, Nokia GmbH (ranked 35 in 2000), Villeroy & Boch AG (ranked 16th in 2000), Moulinex SA, Koninklije Philips Electronics and Salomon.

In 2001, three countries (Iceland, Republic of Moldova and Romania) ratified the 1999 Geneva Act of the Hague Agreement. This new Act introduces features that will make the system more acceptable to countries which have so far remained outside the system. 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.

Measures were also taken to reduce the publication fee for international deposits and to simplify its calculation. These changes entail a reduction of, on average, 10 % in the fees paid for international deposits and reflect efficiency gains resulting from the publication of the the International Designs Bulletin on CD-ROM.

Appellations of Origin

The year 2001 also saw a major revision of the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration and Regulations designed to simplify and clarify procedures making the system more user-friendly and transparent. The new regulations under the Lisbon Agreement, which replace those originally adopted in 1975, will enter into force on April 1, 2002.

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 Agreement Concerning the International Deposit of Industrial Designs was concluded in 1925. This Agreement has been revised and complemented on a number of occasions since then. 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. Three countries have so far ratified the Geneva Act which introduces features that will make the system more acceptable to countries which have so far remained outside the system.

This WIPO-administered treaty offers users a cost-effective and user-friendly means of obtaining protection for an industrial design in any of the countries that have signed up to the system by filing a single application at an average cost of 4 Swiss francs per design. Users are able to include up to as many as 100 designs in each international application. 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.

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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