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Madrid (Marks) Notification No. 173
Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks

Amendment to the Madrid Protocol

The Director General of the World Intellectual Property Organization (WIPO) presents his compliments and pursuant to Article 16(5) of the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks as adopted at Madrid on June 27, 1989 ("Madrid Protocol (1989)"), has the honor to transmit herewith a copy of the text of the amendment to the Madrid Protocol, as well as of the text of an interpretative statement to be introduced as a footnote to Article 5(2)(e) of the Madrid Protocol, as adopted, on October 3, 2006, by the Assembly of the Madrid Union at its thirty-seventh (21st extraordinary) session which took place from September 25 to October 3, 2006. The amendment to the Madrid Protocol came into force on October 3, 2006.

March 2, 2007

ANNEX

Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks

adopted at Madrid on June 27, 1989
and amended on October 3, 2006

Article 5
Refusal and Invalidation of Effects of International Registration in Respect of Certain Contracting Parties

(1) […]

(2)

(a) […]

(b) […]

(c) Such declaration may also specify that, when a refusal of protection may result from an opposition to the granting of protection, such refusal may be notified by the Office of the said Contracting Party to the International Bureau after the expiry of the 18-month time limit. Such an Office may, with respect to any given international registration, notify a refusal of protection after the expiry of the 18–month time limit, but only if

(i) […]

(ii) the notification of the refusal based on an opposition is made within a time limit of one month from the expiry of the opposition period and, in any case, not later than seven months from the date on which the opposition period begins.

(d) […]

(e) Upon the expiry of a period of ten years from the entry into force of this Protocol, the Assembly shall examine the operation of the system established by subparagraphs (a) to (d). Thereafter, the provisions of the said subparagraphs may be modified by a unanimous decision of the Assembly [*].

_________________________

[*] Interpretative statement adopted by the Assembly of the Madrid Union:

"Article 5(2)(e) of the Protocol is understood as allowing the Assembly to keep under review the operation of the system established by subparagraphs (a) to (d), it being also understood that any modification of those provisions shall require a unanimous decision of the Assembly."