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In a recent press release, WIPO has announced that from November 2, 2003, the process of registering trademarks in multiple countries as per the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol) entered into force in the United States of America (USA).According to the treaty, a trademark owner who is a citizen of the USA, or has a domicile or commercial establishment in the USA, and who has an underlying registration or pending application at the United States Patent and Trademark Office (USPTO), may file an international application with the USPTO which designates one or more of the other 60 countries that are party to the Protocol Relating to the Madrid Protocol.
Similarly, the trademark owners similarly entitled to file in the other countries party to the Madrid Protocol will be able to file, directly with those national offices, international applications which include a designation of the USA.
Prior to the entry into force of the Madrid Protocol for the USA, American applicants had to file separately in each of the national or regional offices of the countries and intergovernmental organizations where they sought to protect their trademarks, and Madrid Protocol applicants had to file separately with the USPTO.
How the System Works
Once an applicant files an international application with a national office, the application is forwarded to WIPO for examination. Where WIPO finds that the international application conforms to the applicable requirements, it registers the mark in the International Register, publishes data concerning the international registration in the WIPO Gazette of International Marks, sends a certificate to the holder and notifies the designated countries, which, within set time limits, must examine the notification for possible refusal on a country by country basis. The holders of existing international registrations will be able to extend the protection of those international registrations to the USA. A variety of procedures are available before WIPO to centrally manage international registrations (e.g., with regard to renewal, appointment of a representative, change in name or address, transfer of ownership, recording of licenses, limitation, renunciation or cancellation of goods and services, restriction of the holder's right of disposal, etc.).
Naavi
November 5, 2003
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