The World Intellectual Property Organisation (WIPO) confirmed that as of 1 February 2023, the amendments to the Madrid Protocol Concerning the International Registration of Marks (Madrid Protocol) have entered into force. These amendments implement some changes that would make it easier for applicants to file international applications for non-traditional trademarks , including sound, motion and multimedia trademarks. The rules of the Madrid Protocol have also been updated to allow filing of a visual representation of the trademark (either in the WIPO form or by submitting a digital file). Further changes concern the simplification of the process for applicants claiming colour as a distinctive feature of a trademark. Among the other relevant changes, it is worth mentioning that the relevant national office no longer has to provide a representation of the earlier trademark when notifying provisional refusal but can indicate how to access such representation. Finally, communication with WIPO is now limited to electronic means only, and all holders and their representatives should check whether they have provided WIPO with an email address.
Originally published by March, 2023
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
