Regulatory Framework Flashcards
Regulations surrounding TM registration
How many ways are there to register a trademark
3 (National, Regional (EU), internationally(national)
What is the International Instrument governing TM’s?
Madrid Agreement on International Registration of Marks 1891/ Madrid Protocol 1989
What is the most important instrument governing trademarks and where does it originate?
TRIPS Agreement 1995- if a state is a member of WTO they’re also a party to TRIPS
What is the Madrid Agreement basis for?
A person can file an international tm application in any TM office located in a state that is party to the agreement or protocol and they designate which jurisdiction they want the mark to be valid in
What is the process for applying for an international mark?
Once WIPO are satisfied the formal requirements are met, application will be sent to the tm offices in the jurisdictions in the application where they can be rejected.
What is the requirement for an international TM to be granted?
The applicant must have their business HQ or real and effective establishment in a country that is party to the agreement
What happens after registration?
The mark is open to a 5 year period of ‘central attack’ if it is declared invalid in the country of origin the remaining registrations are lost.
Where is WIPO
Geneva
IS EU TM law harmonised?
Yes, 99% of it. There are very few exceptions.
What is the current directive that governs TM law
2008/95/ EEC (EU 2015/2434- transposition deadline was 15th Jan 19)
