The Specific Gap Between Madrid Filing + The Amendments!

 

Forget for a moment about five years’ time period wherein if changes made at the office of origin would also affect the international registration. My concern is different. The problem comes where, let’s say, amendments are filed at the office of origin, and then, in a short span of time, a new Madrid Application is filed, and as those changes would take time to reflect or processed; so until then, should the Madrid be forwarded or not? This is my dilemma, of the delay in the Madrid filing procedures, if at the office of origin, basic registration is pending for amendments.

My opinion cum implementation idea is to Lock any amendments sought immediately before or after filing of the Madrid Application. But at least forward it so that the International Registration number can be issued, and so as the priority. Or maybe, at the Madrid, keep it a provisional, until, the amendments sought in the last 6 months, or after filing, six months; are cleared!

If the basic application and not even the registration number can become the basis of filing of the international application, then my concern is that what’s the problem, if in case, the application with the amendments pending can be accepted, and be then forwarded further? What if in case when the basic application becomes the base of the international application, and the applicant doesn’t even appear for the TLA?  Then too, the status of it is shared. Correct? But at least with the basic registration + amendments pending, is a better bet to forward, knowing the process for amendments sought, takes time, and as I suggested, let the amendments sought be locked, rather, not even forwarding it to WIPO! Means, how it serves, if the international number is kept pending for issuance, and, so as the amendments at the office of origin! That leverage is then gone!

And I feel my suggestion would serve best, taking both the accuracy & rights taken into account.😊

© Pranav Chaturvedi