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8 UCLA J.L. & Tech. 1 (2004)

handle is hein.journals/ujlt8 and id is 1 raw text is: THE MADRID PROTOCOL: WILL THIS INTERNATIONAL SYSTEM SUCCEED IN THE UNITED STATES? EDWIN E. WALLIS III ABSTRACT The Madrid Protocol, adopted in 1989, is an international system for the registration of marks. Currently, there are over sixty nations that are members of the Protocol, including the United States, which officially became a member in 2003. Beginning November 2, 2003, U.S. businesses were afforded the opportunity of applying for mark protection under the Protocol, yet this paper concludes there is no guarantee that the Protocol will be successful within the United States. This purpose of this paper is threefold: (1) to present an overview of the Madrid Protocol and detail the procedural requirements that make up the system, (2) to provide the reader with a historical account on the United States' accession to this Protocol, taking time to outline the amendments made to the Lanham Act and analyze the various advantages and disadvantages to filing for protection under the Protocol, and (3) to foreshadow the possible impact the Protocol will have within the United States. I. INTRODUCTION Lightning Consulting is a New York-based firm that focuses on providing consulting services to private schools across the United States, and the small twenty-person firm is considering whether to expand their business internationally over the next few years. While the * The author is a third year law student at the University of Richmond School of Law and is scheduled to receive his J.D. in May 2004. He is currently the Editor-in-Chief of the Richmond Journal of Law & Technology. Mr. Wallis received his Bachelor of Science in Business Administration, magna cum laude, from the University of Tennessee at Knoxville in May 2001. The author would like to thank his parents, Ed and Liz Wallis, for their constant support over the past three years and Professor John Robinson for his helpful comments in the drafting of this article. 1

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