Improvement in the International Trademark Registration system

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January 7, 2011

Improvement in the International Trademark Registration system

Uncertainty of the registration status of a trademark designation in certain member offices which has afflicted the International Trademark Registration system (Madrid Protocol) has been problematic from the applicant's point of view. Until the end of last year 2010, the member offices have had the option to decide whether a Statement of Grant of Protection is issued or not once the local procedures have become final.

The time limits to issue a provisional refusal of registration have until now defined the status of the trademark designation in those member offices which have selected to not issue Grant of Protection notices. The time limits for refusals are either 12 or 18 months, depending on the member office's option.

This factor of uncertainty should be abolished from the beginning of 2011. Each member to the International Trademark System is now obliged to issue a Statement of Grant of Protection notice as soon as the local examination procedure has been completed. Ideally, the Statement of Grant can be available before the time limit for a refusal expires.

The change is a welcome improvement to the International Trademark Registration system. For the applicant it is very desirable to obtain information on registration status without any delays from all countries into which the trademark has been designated.

For more information on protecting your trademarks, please contact our trademark attorneys.