Protecting your Trademark Abroad: Twenty Questions About ... - WIPO

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In principle, any refusal must be issued no later than 12 months from the date on which the Office concerned was notified of the designation. However, where a country has made a declaration to that effect, the time limit is extended to 18 months. Such a country may also declare that a refusal based on an opposition may be issued after the expiry of the 18- month time limit, provided however that the Office concerned has, within the 18-month period, notified the International Bureau of this possibility. 16. WHAT ACTION NEEDS TO BE TAKEN IN THE EVENT OF A REFUSAL? At the end of the applicable time limit therefore, the holder of an international registration is in a position to know whether his mark has been accepted for protection in each of the designated countries, or whether protection has been refused in one country or whether there is still a possibility of refusal on the basis of an opposition in a particular country. The holder has the same right to contest the refusal with the Office that issued it as if the mark had been deposited direct with that Office. Where the refusal relates to only some of the goods and services listed in the international registration, and the refusal is not contested, the mark stands protected for the remaining goods or services, without any action being needed on the part of the holder. 12
17. WHAT ARE THE CONSEQUENCES OF DEPENDENCE ON THE BASIC APPLICATION OR BASIC REGISTRATION? 18. WHAT IS THE DURATION OF AN INTERNATIONAL REGISTRATION? If, during the first five years following the date of the international registration, the basic application is refused or withdrawn, or the basic registration is canceled, the international registration must also be canceled. This is also the case if the basic registration is refused after the end of this five-year period as a result of an action begun within that period. If the refusal or withdrawal of the basic application or cancellation of the basic registration is for only some of the goods or services, the cancellation of the international registration will likewise be partial. This effect is sometimes referred to as “central attack”. It can be mitigated by transforming the international registration into a series of national applications in the designated countries, while retaining the date of the original international registration. In 2000, nearly 23,000 international registrations were effected; during the same period, only 140 international registrations were canceled (in whole or in part) as a result of central attack. An international registration lasts for ten years. It may be renewed for further periods of ten years, simply by paying the requisite fees to the International Bureau. 13
Page 1: PROTECTING YOUR TRADEMARK ABROAD: T
Page 4 and 5: COUNTRIES PARTY TO THE MADRID PROTO
Page 6 and 7: INTRODUCTION Protecting Your Tradem
Page 8 and 9: 5. IS THERE A LINK BETWEEN THE INTE
Page 10 and 11: 11. HOW ARE THE FEES TO BE PAID? 12
Page 14 and 15: 19. CAN AN INTERNATIONAL REGISTRATI
Page 16: For more information contact WIPO a

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