The Reply in Madrid System

 

The earlier few blogs already covered the Madrid System (which is nothing but what resides alike inside a Mall (WIPO) with different showrooms (Contracting Parties (member nations)) in it, where you decide in which shop (designated Contracting Party) you want to approach for your TM to be registered whereas Mall (WIPO) is merely checking security at entry (Irregularities) whilst entering the Mall & guiding you further to different shops with an entrance fee). Also, the previous blogs covered the PCT (Patents), Hague (Design), WIPO Domain Disputes Redressal (UDRP), G.I., Evidence in IP, some part of IT etc., where, when & how to approach & reply &, the further coming blogs would deep dive furthermore into it.

Whereas, the present blog is more elementary & meticulous level restricted only to the Reply part in Madrid System. So, the International Registration (IR) depends on the basic registration (office of origin) for five years & then it becomes independent, means the change in the status at the office of origin would affect the IR also & subsequently at all designated contracting parties (unless if in case otherwise & within three months, applicant files directly within the designated office). But post initial filing stage in Madrid System, one can receive a statement alike – irregularity, non-final, final action, provisional (full or partial) refusal, objection etc. In an irregularity sent by WIPO (which mostly consists of technical defects -> altering goods or services, non-payment, incomplete documentation etc.), such reply to WIPO must overcome defects within three months. Others viz. non-final, final actions, refusal (provisional or full) etc. is directly dealt with the Office of Contracting Party via a local representative & the WIPO Never comes in between. WIPO acts as a medium & not a decision maker. And the decision of such one office never affects the status of TM in any other designated office. But every such decision by the Office of designated Contracting Party must be communicated via IB only.  There’s no provision of amendment that materially alters the mark both at the WIPO & designated Office of Contracting Party except in certain cases, for example, standard characterization. 😊

© Pranav Chaturvedi