The Office of each designated Contracting Party (member) may grant or refuse protection for your mark within the applicable time limit (12 months or 18 months, for certain members, from the date WIPO notifies the Office of the designation). This decision will be communicated to you and made available in Madrid Monitor.
Some Offices may inform you of the progress of the examination of your international registration (e.g., a notice indicating that your mark has passed examination but still needs to be published for opposition). Such “interim status” notices are for information purposes only—the Office will still need to follow-up with an official decision.
For further information, please refer to paragraphs B.II.24.01 to 24.06 of the Guide to the International Registration of Marks under the Madrid Agreement and the Madrid Protocol.
There are only three possible outcomes of this examination by a member’s Office:
1. you receive nothing (tacit acceptance) within the 12 or 18-month limit, which means protection is considered granted (no news is good news!)
- The following words will be stated in your trademark record in WIPO’s official status database (Madrid Monitor) “The refusal period has expired and no notification of provisional refusal has been recorded (application of Rule 5 preserved)”.
2. you receive a statement of grant of protection
- If an Office finds no grounds for refusal, it must issue a statement of grant of protection of your mark. This statement is comparable to the domestic registration certificate issued by national/regional IP Offices.
- If you have designated Cuba or Japan, you will also receive a request to pay the second part of the individual fee at this stage
3. you receive a notification of provisional refusal
- If an Office finds grounds for refusing protection of your mark (either in its entirety or partially), it must send a provisional refusal to WIPO. WIPO will then transmit this provisional refusal to you (the holder). The notification will include reasons for the refusal, any further steps that are required (including the time limit to respond), review or appeal options, and whether or not you must appoint a local agent to assist you.
- What happens after a provisional refusal?