Saturday, October 21, 2017

Examination of the international application - Examination by WIPO’s IB

Examination by WIPO's IB

The WIPO's IB is the body to manage the Madrid System. It is liable to International Trademark Registration and related duties as well as all other administrative tasks, under or concerning the international registration of trademark under Madrid Agreement and/or Madrid Protocol.

Receipt of application for international registration

The WIPO's IB receives International Trademark Registration through the Offices of Origin (NOIP). The application may be addressed to the IB by mail, by fax or by electronic means in a way agreed upon between the IB and the Office concerned. If the International Trademark Registration is sent to the IB by fax, the original of the page of the official form bearing the reproduction of the mark should be sent to the IB then.

The WIPO's IB shall promptly inform the concerned Offices of Origin (NOIP) of the receipt of international application by facsimile or electronic means agreed between the IB and the Offices of Origin concerned.

It should be noted that the phrase "international registration" is not a registration in the same sense as a national trademark registration in any Contracting Parties. Instead, the holder of an International Trademark Registration gains the right to apply for registration in Contracting Parties. This right survives even if a designated Contracting Party refuses registration. If the holder of the Int'l Trademark Registration designates, for examples, China, Japan and Korea, and China and Japan grant an extension of protection but Korea does not, the International Trademark Registration continues in force.

The registered trademarks shall be published in the WIPO Gazette of International Marks. The information of registered marks is also entered in the electronic database, called ROMARIN accessible to public free of charge on WIPO's website: http://www.wipo.int/madrid/en/romarin/.

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