Remarks concerning the publication of registrations and of other recordals made in the International Register of Marks

A. General

1. The Madrid Agreement concerning the International Registration of Marks, of April 14, 1891, was last revised at Stockholm on July 14, 1967, and amended on September 28, 1979. The Protocol relating to the Madrid Agreement concerning the International Registration of Marks of June 27, 1989 entered into force on December 1, 1995, and has been operational since April 1, 1996.
2. Common Regulations under the Madrid Agreement and Protocol entered into force on April 1, 1996.
3. A list of the Contracting Parties to the Madrid Agreement and Protocol is available.
4. Under the provisions of the Madrid Agreement and Protocol, the international registration of a mark can be requested of the International Bureau of the World Intellectual Property Organization (WIPO) through the intermediary of the Office of origin by any national of the Contracting Parties of the Agreement, of the Protocol or of both the Agreement and the Protocol, and also by any other natural person or legal entity having a domicile or a real and effective industrial or commercial establishment in one of those Contracting Parties.
5. An international registration has effect in each of the Contracting Parties in respect of which protection has been requested; these Contracting Parties are mentioned in the publication under INID code (831) (designations under the Madrid Agreement), INID code (832) (designations under the Madrid Protocol) or INID code (834) (designations under the Madrid Protocol by virtue of Article 9sexies). However, each of these Contracting Parties may, in accordance with the conditions provided for in the Agreement or the Protocol, refuse protection to the mark in its territory within a given time-limit (see item 6 below) or, at any time, to pronounce invalidation of such protection on its prononcer, territory. Provisional refusals of protection (without the grounds for refusal), statements under Rule 17(5)(a) confirming or withdrawing a provisional refusal, further statements under Rule 17(5)(b) affecting the protection of the mark, statements of grant of protection and invalidations recorded in the International Register are published under the item "Provisional refusals, statements under Rule 17(5)(a) and (b), grants of protection and invalidations".

B. Registrations

6. The publication of each international registration contains, in all cases, the following indications: the date of registration; the registration number; the name and address of the holder; the mark which is the subject of the registration; the list of goods and services grouped according to the classes of the International Classification¹; the Contracting Party whose Office is the Office of origin; where applicable, the date and number of the basic application and/or basic registration; the designated Contracting Party or Contracting Parties (under the Agreement and/or the Protocol), together with the date of notification. This date is the one from which is counted the time limit of one year during which a refusal of protection may be pronounced under Article 5(2) of the Agreement or one year or more under Article 5(2)(a) to (c) of the Protocol.
7. Publication also includes, where applicable, the following indications:

   (i)	the indication of the Contracting Party where the holder has a real and effective industrial or commercial establishment or his domicile, if the address of the holder is not in the territory of the Contracting Party whose Office is the Office of origin;
   (ii)	the address for correspondence;
   (iii)	the relevant symbols of the International Classification of the Figurative Elements of Marks (Vienna classification);
   (iv)	transliteration in Latin characters and Arabic numerals, if the mark, or part of the mark, consists of characters other than Latin characters or numerals other than Arabic or Roman numerals; on an optional basis, a translation of the mark into French, English, and/or Spanish;
   (v)	a description of the mark;
   (vi)	the colors claimed where the holder claims color as a distinctive feature of the mark; on an optional basis, the principal parts of the mark which are in each of the colors claimed; mark consisting exclusively of one or several colors;
   (vii)	the nature of the mark or the type of mark (three-dimensional mark, sound mark, collective, certification or guarantee mark);
   (viii)	the indication of the element or elements for which protection is disclaimed;
   (ix)	the indication that a filing is a first filing within the meaning of Article 4 of the Paris Convention for the Protection of Industrial Property;
   (x)	a limitation of the list of goods and services in respect of one or more designated Contracting Parties;
   (xi)	the designated Contracting Party or Contracting Parties where the holder has the intention to use the mark.

8. The data describing the nature of the indications which are published appear under the form of an INID code according to WIPO Standard ST.60. The names of the countries concerned or of the intergovernmental organizations concerned are identified by two-letter codes under WIPO Standard ST.3.

C. Renewals

9. In principle, the publication of the renewal includes the same indications as the publication relating to the registration, subject to any changes which have occurred since the registration.
10. The dates indicated are the date of the international registration, the date of the last renewal and the date on which the next payment is due.
11. Renewal is a mere prolongation of the registration as it exists at the time where the renewal must take effect; consequently, no change can be made to a registration by the renewal itself.
12. Subsequent designations and changes provided for under the Agreement, the Protocol and the Regulations, can be recorded in the International Register before or after renewal. A separate request must be presented to the International Bureau for this purpose. At the time of publication of renewals, only changes recorded at the latest on the date of expiry of the registration to be renewed are taken into account.

D. Subsequent designations

13. A subsequent designation is a request to extend the effects of an international registration to a Contracting Party to which it does not yet extend its effects. A subsequent designation can be filed at any time. As is the case for registration, and under the same conditions, each Contracting Party which is the subject of a subsequent designation may refuse protection of the mark or pronounce its invalidation (see item 6 above); The time limits indicated in item 6 above start from the date of notification of the subsequent designation.

E. Classification of figurative elements

14. Where the mark which is the subject of an international registration is a figurative mark or a word mark comprising a figurative element, the publication of that registration indicates, under the reproduction of the mark, the categories and divisions of the Classification of Figurative Elements of Marks Established by the Vienna Agreement of June 12, 1973, in which the figurative elements of that mark are placed (Article 4 of the Vienna Agreement). The sixth edition of the Classification of Figurative Elements entered into force on January 1, 2007.

F. Miscellaneous

15. Abbreviations
    A capital letter (A, B or C, etc.), which follows the registration number means that it concerns a part of the registration bearing the same number which has been transferred.
16. Guide to the International Registration of Marks under the Madrid Agreement and the Madrid Protocol
    The International Bureau publishes a "Guide to the International Registration of Marks under the Madrid Agreement and the Madrid Protocol". This Guide, which is published in English, French, and Spanish, may be ordered from the International Bureau; its price is 60 Swiss francs.

¹ This is the Classification established by the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, of June 15, 1957, revised at Stockholm on July 14, 1967, and at Geneva on May 13, 1977, and amended at Geneva on October 2, 1979. This classification includes 34 classes of goods and 11 classes of services.