TRADEMARKS | Upcoming changes in the Madrid System for the international registration of trademarks

Newsletter n. 89 – October 2023

TRADEMARKS

Upcoming changes in the Madrid System for the international registration of trademarks

With Notice No. 26/2023 published on 19 September 2023, the World International Property Organisation amended several provisions of the Regulations under the Protocol relating to the Madrid Agreement concerning the international registration of marks. The most significant changes will enter in force on 1 November 2023 and will require: (a) the national trademark offices to specify the time limit for the international registration holder to challenge the provisional registration refusal notice; (b) such time limit must be at least two months or 60 calendar days; (c) the provisional refusal notice to specify also the name and address of registered representatives if the refusal is based on earlier rights; (d) if the national trademark offices do not comply with the new provisions, WIPO will not accept the provisional refusal and the national offices might then rectify their notifications to comply with the above.