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NEWS
NEWS - SEPTEMBER 2008International Trademarks under the Madrid System: Repeal of the “safeguard clause” and other changes. The repeal of the safeguard clause has the effect that, from 01 September 2008, the Protocol alone will govern international trademark registrations in countries bound by both the Agreement and the Protocol (where the country of the trademark applicant/holder is also bound by both Agreement and Protocol). Accordingly, form 01 September 2008 for applicants and owners of international trademark registrations with a Swiss basic trademark, the registration of the international trademark in designated countries bound by both the Agreement and the Protocol will be governed by the Protocol alone. It is worth noting that international applications (or posterior designations to an international registration) still pending on 01 September 2008 will be prosecuted up to grant/refusal under the regime applicable on the date of filing. After recordal any designations that were prosecuted under the Agreement by virtue of the safeguard clause will automatically change into designations under the Protocol. Major implications for Swiss-originating international trademark applications include that the international application can be filed on the basis of a Swiss trademark application, i.e. without having to wait for registration in Switzerland, except when one of the countries designated in the international application is only party to the Agreement. This possibility is not without risk since if the Swiss trademark application is refused the international registration will be cancelled. However, for all designated countries governed by the protocol, it would be possible to transform the international registration into national applications in each such country (with the associated costs for the national applications). Additional notable changes as of 01 September 2008 include the provision that any application for international trademark registration (Agreement or Protocol) may be in English, French or Spanish (however the Office of origin may restrict the choice to one or two of these languages). In the case of Switzerland, communication between WIPO and the Swiss Institute continues to be in French. Owners for International trademark registrations on the basis of a Swiss basic application/registration must still provide a list of goods and services in French, and the Swiss Institute continues to examine and refuse international trademarks in French. Further, the amounts of the supplementary and complementary fees (standard fees per country for designation and renewal) and have been increased from CHF 73 to CHF 100. For further information see: |
EN | FR
NEWS - JULY 2008
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