HomeInsightsWorld Intellectual Property Office publishes Information Notice on the Madrid Protocol on the International Registration of Marks

Contact

The Information Notice is entitled “Excuse from Failure to Meet a Time Limit Due to the COVID 19 Disease Outbreak as a Natural Calamity: Waiver of the Submission of Evidence Required under Rule 5 of the Regulations”. The Notice informs users of the Madrid System of measures WIPO has taken under Rule 5 of the Madrid Protocol Regulations with a view to providing further relief in cases of failure to meet a time limit due to the COVID-19 disease outbreak.

Due to the pandemic, WIPO will treat favourably any request made under Rule 5 of the Regulations citing COVID-19 related issues and it will not require that applicants, holders or Offices submit evidence in respect thereof.

Rule 5 of the Regulations applies to any communication addressed to WIPO for which there is a time limit under the Regulations or the treaty. For example, it applies to a communication in which an Office sends an international application or a subsequent designation or notifies a provisional refusal, or in which an applicant, a holder or an Office remedies an irregularity in an international application or in a request for recording. Rule 5 also applies to the time limit to pay any fee to WIPO, including the grace period for renewal fees.

The Notice reminds applicants, holders and Offices that there is a six-month limitation under Rule 5. Consequently, they are encouraged to take prompt action so that WIPO receives the communication, instruction or payment no later than six months from the expiry of the time limit concerned.

Finally, WIPO reminds applicants, holders and Offices that it remains open and continues to process international applications and requests for recording and encourages them to address communications to WIPO by electronic means. In particular, applicants and holders can present requests and send other communications to the WIPO by using the upload function in the Madrid Portfolio Manager or through the Contact Madrid online service. They can also use other online services, namely e-Payment, e-Renewal and e-Subsequent designation, to present requests and pay by credit card. To access the Information Notice, click here.