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REGULATIONS UNDER THE MADRID AGREEMENT 10

Chapter 9 Fees

 Rule 32 The Required Fees

(1) The International Bureau shall collect the following fees, payable in advance, in Swiss francs:

Fees

 

 

Swiss francs

(a)

International registration or renewal fees

 

(i) basic fee

 

for 20 years (Rules 10(1) and 25(1))

720

for a first period of 10 years (Rule 10(1))

470

balance of the basic fee for the second period of 10 years (Rule 10(2))

600

(ii) supplementary fee for each class of goods and services after the third (Articles 7(1) and 8(2)(b) of the Agreement)

80

(iii) complementary fee for territorial extension to one country (Articles 3ter, 7(1) and 8(2)(c) of the Agreement)

80

(b)

Surcharge

 

(i) for a mark including a figurative element or for a word mark in a special form of writing, except when published in color (Rule 9(1))

60

(ii) for a mark published in color (Rule 9(2)(ii))

400

(c)

Fee for classification of goods and services (Rule 12(2))

 

(i) where the goods and services are not classified or grouped in classes

60

and per word after the twentieth

4

(ii) where the classification indicated is incorrect per word (but no fee if the number of reclassified words is 19 or less)

4

(d)

Surcharge for the use of the period of grace (Rules 10(3) and 25(3)): 50% of the fees payable under (a)

 

(e)

Fee for recording a change (Article 9(4) of the Agreement and Rule 20)

 

(i) territorial extension requested subsequent to international registration (Article 3ter(2) of the Agreement)

145

(ii) total transfer of the international registration

145

(iii) partial assignment of the international registration, for some of the goods and services or for some of the countries

145

(iv) limitation of the list of goods and services requested subsequent to registration, for all or some of the countries, except in the case covered by Rule 33(iv)

145

(v) change of name and address of the owner for a single international registration

80

for each of the following international registrations for the same owner if the same change is requested at the same time

10

(vi) recording of an agent, change of agent, or any other change concerning the agent, except in the cases referred to in Rules 2(1)(f) and (g) and 2(3)(i) and (ii)

 

for a single international registration

 

for each of the following international registrations for the same owner if the same change is requested at the same time

10

(f)

Fee for communicating information concerning the contents of the International Register (Article 5ter(1) of the Agreement)

 

(i) establishing an extract from the Register up to three pages

80

for each page after the third

10

(ii) some other attestation or information in writing for a single international registration

60

for each of the following international registrations for the same owner if the same information is requested at the same time

10

(iii) some other information given orally, per international registration

25

(iv) reprint or photocopy of the publication of an international registration, per page

5

(2) The International Bureau is authorized to collect a fee, whose amount it shall itself fix, for operations to be performed urgently and for services not covered by this Rule.

(3) In the event of any change in the amount of fees, the new amount shall apply to international registrations bearing the date of the entry into force of the change or a later date, and to renewals of international registrations the current protection periods of which expire on that date or a later date. With respect to the balance of the fee due for the second 10-year period, the new amount shall be applicable if the balance of the fee is paid after the change enters into force.

 Rule 33 Exemption from Fees

The following shall be exempt from fees:

  • (i) total cancellation of an international registration;
  • (ii) renunciation of protection in some of the countries;
  • (iii) limitation of the list of goods and services in respect of some of the countries, if effected at the time of the application for international registration, pursuant to Rule 9(4);
  • (iv) limitation of the list of goods and services requested by the national Office in accordance with Article 6(4), first sentence, of the Agreement;
  • (v) mention, in the International Register, of judicial proceedings or of a final judgment affecting the registration of the mark in the country of origin (Article 6(4), second sentence, of the Agreement);
  • (vi) any recording in the International Register following notice of provisional or final refusal or a judicial decision;
  • (vii) recording of an agent, of a change of agent and of changes relating to the agent in the cases referred to in Rules 2(1)(f) and (g) and 2(3)(i) and (ii).

 Rule 34 Payment of Fees

  • (1) The fees due to the International Bureau may be paid:
    (i) by debit to a current account with the International Bureau;
    (ii) by transfer to a bank account of the International Bureau;
    (iii) by banker's check;
    (iv) by payment or transfer to the postal check account of the International Bureau;
    (v) by payment in cash.
  • (2) At the time of each payment of a fee, an indication must be given of its purpose, and of the mark concerned, the name of the applicant or, if the mark is recorded in the International Register, the name of the owner, as well as the number and date of the international registration concerned.
  • (3) A fee shall be considered to have been paid, within the meaning of these Regulations, on the date on which the International Bureau receives the required amount or, if the required amount is available in an account opened with the International Bureau, on the date on which the latter receives instructions to debit the amount to that account.

 Rule 35 Distribution of Supplementary Fees and Complementary Fees

(1) The coefficient mentioned in Article 8(5) of the Agreement from which countries with a system of prior examination benefit in respect of the distribution of supplementary and complementary fees shall be as follows:

Coefficients of distribution of supplementary and complementary fees

for countries which examine only the absolute causes of nullity

two

for countries which also examine anticipations:

 

(a) following opposition by third parties

three

(b) ex officio

four

(2) Coefficient four shall also be applied to countries which carry out anticipation searches ex officio with an indication of the most significant anticipations.

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