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Trademarks / Trademark Law / Madrid Protocol and The United States |
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B. Faults & Limitations of the Madrid Agreement The
following aspects of the Agreement were and are regarded as most problematic to
the knowledgeable observer:
•
The Agreement only applies to valid
registrations. • The Agreement's "central attack" provisions can be draconian in their impact. • The Agreement's mandated limit of twelve months within which a National Office must notify the World Intellectual Property Organization ("WIPO") if an International registration is unacceptable in its country is too short, especially for countries with longer examination periods such as the United States. • The French Language Requirement of the Agreement is burdensome to many countries, especially the notoriously monolinguistic United States and entails not insignificant translation costs. • The Agreement's fee structure is disadvantageous to certain Trademark Offices, such as the user-fee driven United States and Patent Office (USPTO) so that the users of the USPTO, i.e. trademark owners, would likely pay more relative to trademark owners in other member countries under the Agreement. |
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© Copyright 2002 Ian J. Kaufman - Posted July 2002
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