The new NAFTA agreement has some very interesting consequences for patents and trademarks. Continue reading
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 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
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
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.
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.
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.
A member of the Madrid Protocol listserv asked:
I would like to file an e-subsequent designation for India. The country of origin is the EU and the owner is in an EU-member country. A [Madrid Protocol] application was filed in 2011 designating countries other than India. On the e-Subsequent Designation application page, a number of countries are listed from which to choose to designate protection. India is NOT listed as one of those countries. Am I missing something? Does anyone know why India does not appear in the list of countries to designate subsequent protection to?
I was fascinated to learn why it is that India is a member of the Madrid Protocol and yet an owner of an International Trademark Registration might not be able to carry out a subsequent designation to India. The explanation also offers a reminder how important it is to use an e-validated filing tool from WIPO rather than filing on paper. Continue reading
On October 2, 2017, Indonesia 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 Indonesia on January 2, 2018.
This brings to 100 the number of members of the Madrid system. Continue reading
A couple of weeks ago I had the great honor to visit at WIPO with the heads of some of the PCT processing teams. These are the people at the International Bureau who interact with callers (applicants and patent practitioners) who have questions and problems relating to PCT. One of the things that they mentioned to me, that I found puzzling when I first heard it, is that in recent months they have received ever-increasing numbers of complaints from people who call to report that they try to send faxes to the International Bureau and are unable to do so. Upon reflection I now realize the likely cause of this problem. And it is definitely not that there is some recent malfunction in WIPO’s fax machines.