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Madrid System - Changes

At the 35th Session of the Madrid Union in September 2003, certain amendments have been introduced to the Common Regulations that govern the Madrid Agreement and Protocol Concerning the International Registration of Marks. Effective April 1, 2004 Spanish will be introduced as a third official language. Thus, International Registrations governed exclusively by the Protocol or by both the Agreement and the Protocol, may be filed in Spanish but International registrations governed exclusively by the Agreement will be continue to be in the French language only.

In view of the anticipated accession of the European Community to the Madrid Protocol, other important amendments were adopted and will enter into force on April 1, 2004, although they will not be applicable until the effective date of accession by the European Community.

1. International registration applicants designating the European Community will be asked to select a second language, in accordance with the language requirements of the Office for Harmonization in the Internal Market (OHIM).

2. International registration applicants who designate the European Community and wish to incorporate seniority claims in such a designation will need to do so on a separate form.

3. In order to accommodate the conversion regime of the Community Trademark system, Where the designation of an International registration to the European Community is withdrawn, refused or ceases to have effect, the designation may be converted, through the intermediary of OHIM, either into designations to the European Community member states under the Madrid System or into national applications in the European Community member states.


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