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Legal Alerts
09/06/2022

Turkey Recently Joined Madrid E-Filing System: What Kind of Innovations Does It Bring?

Legal Alerts
Intellectual Property
General

Aiming to integrate the feasibility that technological developments bring into the international trademark registration procedure, the World Intellectual Property Organization (“WIPO“) introduced the Madrid E-Filing System to the world. This enables international trademark registration applications to be completed directly in the digital environment, in a shorter time and more easily, without the need for paperwork. Turkey has recently been included among the more than 10 countries where the Madrid E-Filing System is currently implemented. It was developed taking into account the needs of local intellectual property offices.

Recent development

Turkey has recently joined the list of countries implementing the Madrid E-Filing System, which enables international trademark registration applications to be completed more easily and in a shorter time thanks to the digitalization of the whole process. The Madrid E-Filing System brings a much more practical, fast and reliable alternative procedure, as the application forms that need to be filled in manually within the scope of the current system take a long time and create a high margin of error.

How does the Madrid E-Filing System facilitate the procedure applied in international trademark registration applications?

  • Madrid E-Filing System is an online interface developed by WIPO for international trademark registration applications, has started to be implemented as an alternative to the already existing Madrid System within the scope of the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks.
  • Prior to the implementation of the aforementioned Madrid E-Filing System, applicants that intended to apply for international trademark registration before WIPO needed to download the MM2 form from WIPO’s website to their computer and manually fill in the details such as the office of origin, the number of classes and the goods and services they contain, the date on which the application will likely be filed, and submit the form to the Turkish Patent and Trademark Office (“TÜRKPATENT“) via the Electronic Application System (“EPATS“). This system meant that applications took longer to be completed and it required more effort and attention.
  • There are two separate modules within the scope of the Madrid E-Filing System, offered as an alternative to the current Madrid System. These are the “Applicant Filing Module”, which replaces the MM2 form, and the “Office of Origin” module created for local intellectual property offices.
  • Using the Madrid E-Filing System, applicants may easily obtain basic trademark information, including the list of goods and services, directly from the national registry of the relevant intellectual property office. Thus, this basic trademark information is filled in through the system during the international trademark registration application procedure. Furthermore, the local intellectual property office may properly verify and approve the electronically received application before sending it directly to WIPO.
  • The Madrid E-Filing System is a completely digital system that does not require paperwork and ensures that all issues regarding the international trademark registration applications are communicated to both the applicant and the relevant local intellectual property office. In particular, a digital and secure process is followed with the Madrid E-Filing System in terms of notifying the applicant of irregularity notices in the international trademark registration applications, tracking the responses of the applicants regarding these notifications by the local intellectual property office and forwarding them to WIPO.
  • Other benefits brought by the Madrid E-Filing System include services provided by WIPO for user authentication, translation of the user interface and continuous technical support.
  • A stable and robust payment platform is offered with various payment options that allow the use of all debit and credit cards, including WIPO account or PayPal.
  • Last, it is remarkable that the Madrid E-Filing System is a completely free service offered to all relevant national/regional intellectual property offices.

Conclusion

A system where the application procedure can be completed through a faster, easier and user-friendly digital platform has been introduced as an alternative to the current procedure within the scope of the Protocol on the Madrid Agreement on the International Registration of Trademarks for international trademark applications before TÜRKPATENT, thanks to the inclusion of Turkey among the countries where the Madrid E-Filing System has been implemented.