With the internationalization of markets, obtaining, maintaining, and enforcing trademark rights on a multilateral basis is critical. Because “trademark rights exist in each country solely according to that country's statutory scheme,” the procedures and the standards for registrability differ around the world. Unfortunately, as national laws vary considerably and it is often necessary to file in each country where protection is sought, international trademark protection is often a “time-consuming, costly, and complicated process.” Moreover, in some countries, the enforcement of trademark rights is virtually non-existent.

Significant changes addressing many of these problems are on the horizon. Both the North American Free Trade Agreement [FN4] (NAFTA) and the Uruguay Round of the General Agreement on Tariffs and Trade [FN5] (GATT) contain provisions setting forth minimum standards of protection for trademarks. Also, the World Intellectual Property Organization (WIPO) currently is fostering two important initiatives: the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks and the Draft Trademark Law Treaty. ]

The NAFTA implementing legislation became law on December 8, 1993. After a great deal of uncertainty, the GATT round concluded on December 15, 1993, and it is anticipated that the United States will endorse the agreement. Discussion of the Draft Trademark Law Treaty continues, and a diplomatic conference to be held in late 1994 should finalize its provisions. The Madrid Protocol, already in its final form, awaits only national approvals prior to implementation. Though far from certain, the United States may eventually adhere to both the Madrid Protocol and the Trademark Law Treaty.

This Article explains the trademark provisions contained in the GATT and the NAFTA, as well as the basic provisions of the Madrid Protocol and the WIPO Draft Trademark Law Treaty. The Article then discusses their probable impact on trademark owners and practitioners.