Rule 28 of the Common Regulations under the Madrid Agreement is a crucial aspect of trademark registration. This rule outlines the procedures for submitting a request for territorial extension of an international trademark registration.
Before delving into the nitty-gritty of Rule 28, let`s briefly discuss what the Madrid Agreement is all about. The Madrid Agreement is an international treaty that provides a procedure for filing and managing trademark applications in multiple countries with just one application. The treaty has been adopted by over 100 countries, including the United States, Canada, Australia, and the majority of European countries.
Now, back to Rule 28. This rule is particularly important for trademark owners who wish to extend their international trademark registration to additional countries. When submitting a request for territorial extension, there are a few key things to keep in mind.
Firstly, the request must be filed with the International Bureau of the World Intellectual Property Organization (WIPO). The request should include the list of countries where the trademark owner desires to extend its international registration.
Secondly, the request for territorial extension must be made within three months from the date of the initial international registration. If this deadline is missed, the trademark owner may still be able to extend its registration, but there may be additional fees or requirements that must be met.
Thirdly, it`s important to note that not all countries may be available for territorial extension. The Madrid Agreement has a list of countries that have filed a declaration indicating that they do not accept territorial extensions. Currently, among the countries that have declared this are Brazil, Canada, China, India, Japan, and the United States.
Lastly, it`s essential to understand that the trademark owner must fulfill any additional requirements set forth by the individual countries where they are seeking to extend their registration. For example, in some countries, a translated and notarized copy of the original registration certificate may be required.
In conclusion, Rule 28 of the Common Regulations under the Madrid Agreement is a critical component of trademark registration. By understanding this rule and complying with its requirements, trademark owners can effectively extend their international registration to additional countries and protect their brand on a global scale.
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