Issue 95
  November 2018
Contents:
 

Judges Meeting in Helsinki

>  
 

DesignEuropa Awards winners announced

>  
 

New Rules affecting division or merger of IRs

>  
 

MARQUES takes part in GI conference

>  
 

First EU Judges Meeting

>  
 

News from EUIPO

>  
 

Upcoming training at WIPO and EUIPO

>  
 

MARQUES Media Roundup

>  
 
Disclaimer:
The views expressed by contributors to this newsletter are their own and do not necessarily reflect the policy and/or opinions of MARQUES and/or its membership.  Information is published only as a guide and not as a comprehensive authority on any of the subjects covered.  While every effort has been made to ensure the information given is accurate and not misleading neither MARQUES nor the contributors can accept any responsibility for any loss or liability perceived to have arisen from the use or application of any such information or for errors and omissions.  Readers are strongly advised to follow up articles of interest with quoted sources and specialist advisors.
 

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Judges Meeting in Helsinki

 

 

The latest MARQUES Judges Meeting was held in Helsinki on 26 November

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DesignEuropa Awards winners announced

 

 

Designs for a medical robot and an airport bag drop system were successful at this year’s DesignEuropa Awards, held in Warsaw on 27 November

Read More >>

New Rules affecting division or merger of IRs

New rules on division and merger of International Registrations (IRs) have been introduced. Anthony Bengzon of the MARQUES International Trade Mark Law and Practice Team explains what they mean for trade mark practitioners


The following amendments to the Common Regulations under the Madrid Agreement and Protocol will take effect on 1 February 2019:

  • New Rule: 27bis (Division of an International Registration)
  • Deletion of Rule 27 (3)
  • New Rule: 27ter (Merger of an International Registration)
  • New Rule: 40 (6)
  • New item 7.7 (Schedule of Fees)

New Rule 27bis will provide holders of IRs with the possibility to request division of an IR in respect of a designated Contracting Party (CP). The request for the division of the IR must be filed with the designated CP, using the prescribed form, MM22.

The office concerned examines the request for division of the IR to ensure it meets the requirements of its national or regional law before presenting it to the International Bureau (IB). The IB examines the request for any irregularity and whether it meets the requirements of Rule 27bis. If it meets such requirements, the IB will record the division of the IR either (a) when the IB received the request; or (b) when an irregularity was remedied.

A request for division under this rule is subject to the payment of a fee (177 Swiss francs), which is the New Item 7.7 (Schedule of Fees).

Rule 27 (3) will be deleted, and all provisions dealing with merger of IRs will be consolidated in New Rule 27ter.

Paragraph (1) of new Rule 27ter deals with merger of IRs resulting from the recording of a partial change in ownership. A request under 27ter (1) must be presented by the holder either directly to the IB or through the office of the CP of the holder. This is done using the prescribed form, MM23. The payment of a fee is not required.

Paragraph (2) of new Rule 27ter deals with the merger of IRs resulting from the recording of a division. A divisional IR may be merged only with the IR from which it was divided. A request under this paragraph must be presented by the holder through the office that presented the request for division, using the prescribed form, MM24. A request under 27ter (2) cannot be directly presented to the IB. Similarly, the payment of a fee is not required.

New Rule 40 (6) deals with the incompatibility of the foregoing rules with national laws of the CP, and the declarations that a CP may make to notify the IB of such incompatibility.

Anthony D Bengzon is a partner of Bengzon Negre Untalan in the Philippines and a member of the MARQUES International Trade Mark Law and Practice Team

 

MARQUES takes part in GI conference

 

 

Alessandro Sciarra, Chair of the MARQUES GI Team, was a panellist at the Trade Marks and Geographical Indications: Future Perspectives conference in Alicante on 3 and 4 October

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Book now for EU Judges Meeting

 

 


MARQUES is hosting its first European Judges Meeting in Amsterdam on 18 January 2019

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News from EUIPO


Recent announcements from EUIPO cover Goods and Services declarations under Article 33.8, Costa Rica and fast track EUTM filings

Read More >>

Upcoming training at WIPO and EUIPO

 

MARQUES Media Roundup

 

 

Members may be interested to know about the following training activities hosted by EUIPO and WIPO in December

 

 

 

Recent posts on the MARQUES Class 46 and Class 99 blogs include:

Read More >>   Read More >>

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