Rule 18Ter(1) of the Common Regulations under the Madrid Agreement and Protocol
Rule 18ter(1) of the Common Regulations under the Madrid Agreement and Protocol is a crucial provision for trademark owners looking to protect their intellectual property across multiple jurisdictions. This rule defines the process and requirements for issuing a statement of grant of protection by a designated contracting party, which is essential for securing international trademark protection.
Under this provision, a contracting party that has designated a mark for protection under the Madrid Protocol must issue a statement of grant of protection within 12 months of the date of the international registration. This statement confirms that the mark has been protected in the designated contracting party’s jurisdiction, and it allows the trademark owner to enforce their rights against infringers in that country.
To obtain the statement of grant of protection, the trademark owner must submit a request to the designated contracting party, along with a copy of the international registration and a statement acknowledging that they are aware of the rights and obligations associated with obtaining protection in that jurisdiction. The contracting party will then review the request and issue the statement of grant of protection if the mark meets all the necessary criteria.
One important aspect of Rule 18ter(1) is that it can have a significant impact on the validity of a trademark registration if the statement of grant of protection is not issued within the required timeframe. If the contracting party fails to issue the statement within 12 months, the international registration retains its effect in other contracting parties but becomes vulnerable to cancellation in the jurisdiction where protection was sought but not granted.
Overall, Rule 18ter(1) highlights the importance of understanding the nuances of international trademark law when seeking to protect your intellectual property across multiple jurisdictions. Failing to follow the necessary procedures and requirements can result in significant legal challenges and potential loss of trademark rights. By working with experienced legal professionals and staying up-to-date on the latest regulations, trademark owners can avoid these pitfalls and achieve the maximum protection for their valuable assets.
