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Amendments to Trademark Laws

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Okt 27, 2023 (Newsletter Issue 8/23)
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Significant Changes Coming to the Madrid Systems

Significant amendments are on the horizon for the Regulations under the Madrid Protocol. The changes will take effect from 1st November 2023 and 2024. They aim to enhance transparency and efficiency in the international trade mark protection process and provide users of the System with clear time limits in defending their applications.

As of November 1, 2023, national trade mark offices must indicate the start and end dates of the time limit to respond to provisional refusals. This is mandatory unless the time limit begins on the date on which the WIPO transmits the provisional refusal to the applicant for international registration, or the time limit begins on the date on which the applicant receives it. In such cases, the WIPO will provide the start and end dates in its notification to respond to provisional refusals.

As of November 1, 2024, national trade mark offices may ask the WIPO to send to international registration holders any communication not covered under the Regulations, for example, regarding possible actions, reminders to meet certain requirements, or any other information of a particular interest to the holder. This will enable international registration holders to remain informed about relevant developments and take appropriate action where needed.

By the 1st of February 2025, national trade mark offices are required to provide holders of international registration a minimum of two months to respond to provisional refusal. This will potentially provide trade mark holders with reduced pressure in preparing and submitting their responses.

For more details click here.