Many people wonder about the role of WIPO in the procedures of filing applications for registration of trademark oversea. This following post of T2H Lawyers shall give you answer of this question.
WIPO is an non – govermental organization in Intellectual Property field, plays an important role in managing the Marid system – a system for filing applications and International registry. In the process of filing applications for registration of trademark oversea, WIPO only does the formal examination.
+Period 1: Filing the Intellectual Property International applications.
You could file your International applications according to the Marid system via the National Office of Intellectual Property. Applications are later confirmed by the National Office of Intellectual Property and sent to WIPO.
+Period 2: Formality examination.
WIPO doesn’t reject or accept the protection, WIPO only checks the information in your applications about name and address of the applicant; the quality of the imagines’s sample of mark; having at least a member country designated (not member country where your applications are filed); the list of goods and services is classified according to the Nice Classification and the minimum payments of fee.
After examining the formality of applications, WIPO shall provide the expected results below:
- Shortcoming notice (applications aren’t satisfied the request of the formality).
If your applications aren’t satisfied the request of the formality, WIPO shall send the National Office of Intellectual Property and applicants a shortcoming notice. This notice will show you what matter need to be modified, explain how to modify this shortcoming in certain period (usually 03 months), specify who should modify this shortcoming (depending on what kind of shortcoming, it can be the National Office of Intellectual Property or the applicant) and notify what happen if not modifying the shortcoming.
– Recording and publishing your trademark (applications aren’t satisfied the request of the formality).
If your applications meet all the fomarlity requirements, WIPO shall record your trademark in International Registration, publish it in the Official Gazette on International Marks and announce to the competent agency of member countries designated in your applications.
In this period, you are recorded as the owner of an Intellectual Property International registration, WIPO will later send you a notice of trademark application.
+Period 3: National or Regional Office examines the substance.
After WIPO has recorded your trademark in International Registration, WIPO shall announce all the agencies of member countries designated in your applications (also known as Designated Party’s agencies) so these agencies can start the substantive examination.
The time line for examining the substance is 09 months counting from the publishing day. If the trademark meets all the protection standards, it can be protected automatically. If the trademark fails to meet the protection standards of one of the countries designated in your applications, that designated country’s National Office of Intellectual Property shall send notice of provisions refusal to WIPO so that WIPO could send such notice to applicants. After receiving this notice, applicants shall reply the notice of provisionsal refusal or send complaint about applications for the trademark registration in that designated country.
Contact T2H Lawyers for more information.
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