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EC Accession to the Madrid Protocol

EC Accession to the Madrid Protocol. «  The long and winding road » by Erik Nooteboom European Commission DG Internal Market Brussels October 7, 2004, WIPO, Geneva. EC Accession to the Madrid Protocol. - The long way from June 1989 to October 2004 - June 1989 - DC at Madrid

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EC Accession to the Madrid Protocol

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  1. EC Accession to the Madrid Protocol «  The long and winding road » by Erik Nooteboom European Commission DG Internal Market Brussels October 7, 2004, WIPO, Geneva

  2. EC Accession to the Madrid Protocol - The long way from June 1989 to October 2004 - • June 1989 - DC at Madrid EC participation / EC status in Madrid Union / Madrid Agreement and Protocol • December 1993 - CTM Regulation • April 1996 - Entry into force Madrid Protocol • October 1996 - Commission proposals on EC Accession • March 2000 - Accession Japan • September 2003 - General Assembly WIPO • October 2003 - EC agreement on Accession • November 2003 - Accession US • May 2004 - EU Enlargement • October 2004 - Accession EC

  3. EC Accession to the Madrid Protocol Council Decision and Council Regulation N° 1992/2003 of 27.10.2003 (OJ L 296 of 14.11.2003) • Access to the Community TM through the Madrid Protocol • Access to the Madrid Protocol on the basis of a Community TM

  4. EC Accession to the Madrid Protocol • Community Trademark as a basis for an International Registration • Any EU language, using OHIM form. OHIM translates in MP language • Filing fee: 300€ • International Registration designating the EC • Same procedure as CTM applications at Alicante, including 2nd EU language, search, examination on absolute grounds for refusal and opposition between 6 and 9 months after publication IR by OHIM • If IR refused or ceases to have effect, conversion of IR into: • national EU/MS TM applications, or • IR designations of EU/MS under MP (« opting-back »). Or: • Transformation into a CTM application (after « central attack » on the IR) Dates are kept • Designation fee EC: 1.875€ (compared to 2.075€) plus 400€ for each class > 3

  5. EC Accession to the Madrid Protocol Future developments • Madrid Protocol • Geographical scope • Safeguard clause ? • Dependency / Central attack ? • EC Designs and the Hague Agreement ?

  6. EC Accession to the Madrid Protocol http://europa.eu.int/comm/internal_market/ en/indprop/index.htm

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