Protocol To The Madrid Agreement On The International Registration Of Marks

However, if the designated contracting parties verify compliance with their national legislation and certain substantive provisions are not respected, they have the right to refuse protection on their territory. Any such refusal, including the indication of the reasons on which it is based, must normally be notified to the International Office within 12 months of the date of notification. However, a party to the protocol may declare that this period is extended to 18 months for the protocol determination. This party may also declare that an opposition response can be forwarded to the International Office after the 18-month period. The refusal is communicated to the holder of the registration or to the holder`s representative before the International Office, registered in the International Register and published in the Official Journal. The recusal procedure (for example. B of an untenable or reconsidered nature) is conducted directly by the competent administration and/or by the court of the contracting party concerned and by the holder without the participation of the International Office. However, the final decision to refuse must be notified to the International Bureau, which registers and publishes it. As soon as an international notification is received, the International Office conducts an audit of compliance with the requirements of the protocol and its regulations. This review is limited to formalities, including classification and intelligibility of the list of products and/or services.

In the absence of irregularities in the application, the International Bureau notes the mark in the International Register, publishes the international registration in WIPO`s international trademark sheet (the Gazette) and notifies each designated contracting party. Any substantive issue, for example. (b) the question of whether the mark is entitled to protection or is in contradiction with a trademark previously registered in a particular contracting party is determined by the trademark body of that contracting party in accordance with the applicable domestic law provisions.