REGULATIONS UNDER THE MADRID AGREEMENT 5

Chapter 4 International Registration

 Rule 14 Registration of the Mark in the International Register

• (1) When the International Bureau has in its possession an application for international registration conforming to the Agreement and these Regulations, it shall register the mark in the International Register.
  
• (2) The registration of the mark shall contain or indicate:
  (i) the date of the international registration;
  (ii) the date on which the mark was effectively recorded in the International Register;
  (iii) the period of 20 or 10 years for which the basic fee has been paid;
  (iv) the serial number of the international registration;
  (v) the name and address of the owner and, where appropriate, the address to be used for correspondence;
  (vi) if the address of the owner mentions a country other than the country of origin, the reason for which the latter country is the country of origin;
  (vii) a reproduction of the mark in black and white and, in the case of a color claim, a reproduction of the mark in color;
  (viii) where applicable, an indication of the color or combination of colors claimed;
  (ix) where applicable, an indication of the categories and divisions of the international classification of figurative elements;
  (x) where applicable, the notice "three-dimensional mark";
  (xi) where applicable, the transliteration referred to in Rule 8(2)(x) and the translation referred to in Rule 8(3)(ii);
  (xii) where applicable, the notice "collective mark," "certification mark" or "guarantee mark";
  (xiii) the goods and services for which protection of the mark is claimed, grouped according to the classes of the International Classification of Goods and Services;
  (xiv) the country of origin, the dates and serial numbers of the filing and of the registration of the mark in force in that country on the date of the application for international registration;
  (xv) where applicable, a statement that the filing in the country of origin or any other filing made in another country party to the Paris Convention for the Protection of Industrial Property indicated by the applicant is declared by the applicant to be a first filing within the meaning of Article 4 of the said Convention, together with the date and serial number of that other filing;
  (xvi) the countries for which protection is requested and, where appropriate, any renunciation of protection communicated under Rule 9(4);
  (xvii) where applicable, the declaration referred to in Rule 8(2)(xviii);
  (xviii) where applicable, the additional indications referred to in Rule 8(2)(xix);
  (xix) where applicable, the optional indications referred to in Rule 8(3)(i);
  (xx) where applicable, the indications concerning the agent.
  

 Rule 15 Date of the International Registration

• (1) The international registration shall bear the date of the day on which the International Bureau is in possession of an application for international registration complying with the Agreement and these Regulations.
  
• (2) However:
  (i) the international registration shall bear the date of the day on which the national Office of the country of origin received the application for international registration if, within two months after that date, the International Bureau is in possession of that application and if the said application complies with the Agreement and these Regulations;
  (ii) where the national Office of the country of origin received the application for international registration before the mark is recorded in the national register, the international registration shall bear the date of such recording, if, within two months after that date, the International Bureau is in possession of that application and if the said application complies with the Agreement and these Regulations.
  
• (3) Where the application for international registration is irregular, the date on which the International Bureau is deemed to be in possession of that application for the purposes of paragraphs (1) and (2) shall be the date on which it has been put in order.
  
• (4) However, the date of international registration shall not be affected where the irregularity does not relate to substantial elements and where the application is put in order within three months following the date of the notification mentioned in Rule 11(1). The irregularity shall be deemed to relate to substantial elements when:
  (i) the application for international registration does not contain indications concerning the identity or address of the applicant;
  (ii) the application for international registration does not contain indications concerning the contracting country in which the applicant has a real and effective industrial or commercial establishment; failing that, the contracting country in which he has his domicile; failing that also, the contracting country of which he is a national;
  (iii) the application for international registration does not contain the dates and serial numbers of the filing and of the registration of the mark in force in the country of origin;
  (iv) the application for international registration does not contain a reproduction of the mark;
  (v) the application for international registration does not specify the goods and services for which protection of the mark is claimed;
  (vi) the application for international registration does not specify the countries to which extension of protection of the mark is requested;
  (vii) the application for international registration does not contain a declaration by the national Office of the country of origin certifying that the particulars concerning the mark and its owner that appear in the application correspond to those in the national register;
  (viii) no fee has been paid to the International Bureau, or the amount paid is insufficient, except where paragraph (5)(i) applies.
  
• (5) The date of international registration shall also be unaffected when:
  (i) the application for international registration is irregular in respect of the classification of goods and services, provided that the sum corresponding to the classification fee and, where applicable, the sum corresponding to the supplementary fee have been paid within the period of three months referred to in Rule 12(3);
  (ii) Rule 13 applies.
  

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