The Madrid Protocol is a well-known international trademark registration and protection system for efficient and easy trademark filing and management. However, certain changes to the Madrid Protocol starting November 1, 2023, will come into effect.
These changes are mainly:
The responsibility of indicating the above shall be on the National Trademark Office. Every office must indicate the start and end date of the time limit to respond, file a review or appeal to the refusal.
The minimum time limit to respond to a provisional refusal will be 2 months, or, 60 days to react to the refusal starting February 1, 2025.
Suppose the National Trademark Office or the International Registration holder does not indicate the start and end dates of the reaction to the provisional refusal or comply with the minimum time limit to react. In that case, the WIPO shall refuse the provisional refusal. In this case, the National Trademark Office can either send in a rectified notification or a new corrected provisional refusal given the time limit to send in a provisional refusal has not expired.
Furthermore, the WIPO can be requested by the National Trademark Office to send in communications which are not covered under the Regulations to the International Registration holder like renewal notices or communication of potentially conflicting third party applications. This shall come into force from November 1, 2024.