Category Archives: Madrid Protocol

US filers and filing at WIPO and daylight saving time

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Keep in mind that most locations in the US will turn off daylight saving time today, but today is not the day that Switzerland will turn off daylight saving time.  (Switzerland turned off DST a week ago.)

Those who are filing documents at the International Bureau — documents that need a same-day filing date — should check to make sure they know what time it is in Switzerland as of today.

The main point here is that for a US filer, everything is now “back to normal”.  Whatever time zone offset a US filer is accustomed to between his or her time zone and Geneva, that offset is back to normal.

ePCT will tell you what time it is in Switzerland.

Daylight saving time and WIPO

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Keep in mind that Switzerland will turn off daylight saving time today.  Those who are filing documents at the International Bureau — documents that need a same-day filing date — should check to make sure they know what time it is in Switzerland as of today.

For US filers, keep in mind that the US will not turn off DST today.  The US will turn off DST a week from now.

US filers who are getting ready to file a document at the IB should thus pay close attention during this next week to what time it is in Switzerland.

The practical effect for most US filers is that for the next week, you get an extra hour to e-file.  For example if you are in the Mountain Time Zone, normally you rush to file by 4PM if need a same-day filing date at the IB.  But for the next week you can file as late as 5PM and you will still get a same-day filing date at the IB.

Those who are e-filing in ePCT can readily check any time to see what time it is in Geneva, because at the top of any ePCT user screen it says what time it is in Geneva.  Here is a screen shot.  For example right now it is 4:44 AM Mountain Time and as you can see it is 11:44 AM in Geneva.

Are you a user of Madrid Protocol? Will you be in Washington on October 27?

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Are you a user of the Madrid Protocol? Will you be in Washington, DC on Saturday, October 27?

If so, then please consider helping the World Intellectual Property Organization (WIPO) — and yourself — by attending a focus group of US users of the Madrid system at 7AM on that day at the Washington Marriott Wardman Park hotel in Washington, DC.  Although WIPO’s focus group will be held in conjunction with the AIPLA Annual Meeting, you do not need to be registered for the Annual Meeting to participate in the focus group.
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Malawi joins Madrid Protocol

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On September 25, 2018, the Government of Malawi deposited its instrument of accession to the Madrid Protocol with WIPO’s Director General, making Malawi the 102nd member of the Madrid System, which now covers 118 countries. The Protocol will enter into force for Malawi on December 25, 2018.

Starting from December 25, a trademark owner in Malawi can file a Madrid Protocol application to pursue protection in one or more Offices outside of Malawi.  And starting from that date, a trademark owner outside of Malawi can file a Subsequent Designation to Malawi (or can file a new Madrid Protocol application designating Malawi).

It is recalled that the Patent Cooperation Treaty entered into force on January 24, 1978, initially with 18 contracting states.  But perhaps not all readers appreciate that Malawi was one of those initial 18 contracting states for the PCT!  Saying this differently, Malawi was more trendy, modern, and up-to-date about the PCT than most of the 152 present-day members of the PCT.  Nobody joined PCT sooner than Malawi!

The two-letter code for Malawi is “MW”.

WIPO’s new Global IP Platform

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WIPO is developing a new Global IP Platform or GIPP.  The goal of the GIPP is to provide a personalized home page for a user of WIPO’s web site, with easy-to-find links to the various database and e-commerce systems provided by WIPO.  The user can set up an array of widgets or tiles providing access to the particular databases and systems that are of interest to the user. Continue reading →

Afghanistan joins Madrid Protocol

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flag of Afghanistan

flag of Afghanistan

On March 26, 2018, Afghanistan deposited its instrument of accession to the Madrid Protocol at the International Bureau of the World Intellectual Property Organization. The Madrid Protocol will thus enter into force for Afghanistan on June 26, 2018.  You can see the WIPO notification here.

This brings to 101 the number of members of the Madrid system. Continue reading →

Should you be checking the “GB” box in addition to the “EM” box when filing Madrid applications?

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When you are filing a Madrid Protocol application, it is possible to check the “GB” box in addition to checking the “EM” box.  With Brexit in progress, should you be checking both boxes?  A March 14 tentative agreement (link) between EU and UK makes it perhaps less urgent to check both boxes in the near term, as I will discuss.

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Time returns to normal for WIPO filings

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As I reported a week ago, the usual autumn thing happened with time zones.  A week ago Europe “fell back” with daylight saving time.

Now today the US also “fell back”.

For the past week, US filers had an extra hour available to get a same-day filing date for filings at WIPO.  A US filer could file as late as 5PM (Mountain Time) instead of the usual 4PM, and get a same-day filing date.

Now it is back to normal.  The time of day to keep in mind is once again 4PM Mountain Time.

For the next week, an extra hour available for WIPO filings

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Filers in the Patent Cooperation Treaty, Madrid Protocol, and Hague Agreement systems (utility patents, trademarks, and industrial designs) know that it is important to keep always in mind when midnight will arrive in Geneva, where WIPO is located.

For a PCT filer, this matters because to get a same-day filing date, a PCT application being filed in RO/IB will (usually) need to be filed by 4 PM Mountain Time.  The same is true for filing an Article 19 amendment.  The same is true if you are using ePCT to file a Demand and Article 34 amendment.

For a Madrid filer, this matters among other things for the payment of decade renewal fees.

For a Hague filer, this matters for the the filing of an international design application at the IB.

The point of today’s post is that starting yesterday, and for the next week, you get an extra hour to get a same-day filing date.  The reason is that Europe and the US carry out their daylight saving time transitions on different days that are a week apart.

This means that you could file as late as 5 PM Mountain Time (instead of the usual 4 PM) and still get a same-day filing date.

Things will return to normal a week from now, on November 5, 2016.