"Try again" business plea to EU on trademark protection

Paris, 6 July 1998 – ICC has deplored the failure of the EU to reach agreement on linking the EU trade mark system to the existing worldwide provisions of the 1989 Madrid protocol.

A statement by the ICC Commission on Intellectual and Industrial Property expressed business disappointment at the failure at the EU Council of Ministers in Cardiff last May to reach agreement on establishing such a link. ICC said the provision was important for businesses all over the world that use the EU trademark system.

"Failing to create a smooth linkage between the European Community Trademark system and the Madrid Protocol will in the long run alienate major sectors of the business community from the European Community Trademark system," the statement said.

ICC said a flexible and cost-effective mechanism al lowing trademark owners to pass from one system to the other would alleviate administrative and financial burdens on trademark owners. It would be especially helpful to small and medium-sized enterprises (SMEs).

The statement said language problems should not be allowed to stand in the way of creating the link. "ICC urges the parties involved to make a fresh start and to refocus on the original objective of the exercise. This is to establish a system which would make it cheaper and easier for trademark owners to protect their trademarks in the European Union, when they also wish to protect their marks worldwide."

The world business organization also noted that linking the two systems should lead to creation of a "highly cost-effective" data bank of trademark registrations in all contracting states. "This will enable conflict with existing trademarks to be avoided when selecting new trademarks, which should be of great benefit to all, but particularly to SMEs."

ICC Statement on EC Adhesion to the Madrid Protocol
ICC Commission on Intellectual and Industrial Property