Tuesday, June 01, 2010

USPTO Seeks Comments on Proposed Revision of Madrid Protocol

The USPTO is seeking comments by June 30, 2010 on a proposed revision of the Madrid Protocol. (See Notice here). In particular, WIPO's Madrid Working Group is considering elimination of the requirement for an application or registration in the trademark owner’s Office of origin (“basic mark”). According to the USPTO, this revision "could possibly serve to provide benefits for U.S. stakeholders and increase U.S. use of the System."

As explained in the Notice, three main features of the Madrid System would be impacted:

1) Limitations on the international application by virtue of the scope of the basic application/registration would be eliminated;

2) “Ceasing of effect” (cancellation of the basic application/registration) or “dependency” would no longer be a factor; and

3) The level of services provided by national trademark offices would likely change for Madrid files.

The Notice includes a list of 13 questions as to which the USPTO seeks theviews of U.S. trademark owners and practitioners.


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