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Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Who we all are...
Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
Let's Safeguard the Protocol!

If an international trade mark application or registration originates from a trade mark office in a state that is party to both the Madrid Protocol (MP) and the Madrid (Stockholm) Agreement (MA), Article 9sexies par. 1 MP provides the safeguard that the provisions of the MP shall have no effect in the territory of any other state that is also party to the MP and the MA. But -- and there is a 'but' coming on: as of 1 September 2008 this safeguard clause will be amended in such a way that, as a general rule, only the provisions of the MP are applicable. Of course this amendment seems only important for the treatment of international trade mark applications or registrations in states who are not only a member of the MP, but also a party to the MA. According to the Benelux Office for Intellectual Property's website this will have the following practical consequences for most applications:

'This change will have the following practical consequences for most applications:

- A definitive filing of the Benelux deposit will no longer be required for international applications.

- The classification language can be either French or English.

- Extensions (désignations postérieures) and waivers (renunciations) can be filed directly with WIPO.


The new agreements regarding the application of the safeguard clause allow for an exemption for the fees regime. The fees due between countries (including the Benelux countries) which have signed both the Madrid Agreement and the Madrid Protocol will continue to be subject to the Agreement. This means that the supplementary fee will continue to apply to the designation of the countries for which the Protocol prescribes individual duties but which have also signed the Agreement. However, it has been decided to increase the supplementary fee to CHF 100. For each class above the third an additional fee of CHF 100 will be charged.'

Posted by: Gino Van Roeyen @ 22.00
Tags: Benelux trade marks, Madrid Agreement, Madrid Protocol,
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MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.

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