REGULATIONS UNDER THE MADRID AGREEMENT 4

Chapter 3 Irregular Application for International Registration

 Rule 11 General Provisions on Irregularities

• (1) If the application for international registration does not comply with the Agreement or these Regulations, the International Bureau shall defer registration and notify the national Office accordingly; if, in the case of payment of the required fees, such payment is not made through the intermediary of the national Office, the applicant shall be invited to put the application for international registration in order.
  
• (2) If the application is not put in order within three months from the date of the notification referred to in paragraph (1), the International Bureau shall allow a further period of three months for the said application for international registration to be put in order; it shall notify the applicant as well as the national Office.
  
• (3) If the application for international registration is not put in order within the period allowed under paragraph (2), it shall be considered abandoned and any fees already paid shall be reimbursed.
  

 Rule 12 Application for International Registration Irregular with Respect to the Classification of Goods and Services

• (1) If the goods and services for which protection of the mark is claimed in the application for international registration are not grouped in classes in accordance with Rule 8(2)(xii), or if the International Bureau considers the classification indicated to be incorrect, it shall submit its proposals for classification to the national Office. If, as a result of the said proposals, payment of the supplementary fee indicated in Rule 32(1)(a)(ii) is due, the International Bureau shall advise the applicant, or the national Office if the required fees have been paid through the intermediary of that Office.
  
• (2) In the cases referred to in paragraph (1), the International Bureau shall further advise the applicant, or the national Office if the required fees have been paid through the intermediary of that Office, that a classification fee is payable, the amount of which is fixed in Rule 32(1)(c).
  
• (3) The supplementary fee and the classification fee shall be paid within a period of three months from the date of the International Bureau's proposals.
  
• (4) If, by the expiration of the period referred to in paragraph (3), the International Bureau has not received any contrary opinion with regard to its proposals, and if the supplementary fee and the classification fee have been paid within the same period, the International Bureau shall register the mark with the classification it has proposed, subject to Rules 11 and 13.
  
• (5) If a contrary opinion is received within the period referred to in paragraph (3), the International Bureau may either make further proposals, if the said period permits, or, if the supplementary fee and the classification fee have been paid within that period, register the mark with the classification it considers appropriate, subject to Rules 11 and 13.
  
• (6) If the supplementary fee is not paid within the period referred to in paragraph (3), the application for international registration shall be considered abandoned and any fees already paid shall be reimbursed.
  
• (7) If the amount payable for the classification fee is not paid within the period specified in paragraph (3), the International Bureau shall allow a period of the same duration for the payment of the said amount; it shall advise the applicant as well as the national Office. If the amount is still not paid within the latter period, the application for international registration shall be considered abandoned and any fees already paid shall be reimbursed.
  

 Rule 13 List of Goods and Services Containing Too Vague, Incomprehensible or Linguistically Incorrect Terms

• (1) If the International Bureau considers that the goods and services are indicated in the application for international registration in too vague, incomprehensible or linguistically incorrect terms, it shall advise the national Office, and where appropriate shall submit amendment proposals to it, with the invitation that it put the application for international registration in order within a period of three months from the date of the advice.
  
• (2) In the event of failure to put the application for international registration in order within the period specified in paragraph (1), the International Bureau shall allow a period of the same duration for the said application to be put in order; it shall advise the applicant as well as the national Office.
  
• (3) If the application for international registration is not put in order within the period allowed under paragraph (2), the International Bureau shall register the mark with the too vague, incomprehensible or linguistically incorrect term, provided that the national Office has specified the class in which the term should be clarified, and shall indicate that, in its opinion, the said term is too vague, incomprehensible or linguistically incorrect. Where no class has been specified by the national Office, the International Bureau shall delete the said term ex officio and inform the national Office and the applicant accordingly.
  

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