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Issue 120 | October 13, 2003
EU Likely to Join Madrid Protocol in 2004
 At the annual meeting of Assemblies of the World Intellectual Property Organization (WIPO) ending on October 1, 2003, member states decided to amend the Common Regulations under the Madrid Agreement and Protocol in order to make the Madrid system fully compatible with the European Community trademark system. According to Erik Nooteboom, Head of the Industrial Property Unit of European Union Directorate for the Internal Market, it is now likely that the EU would submit its instrument of accession to the Madrid Protocol within one year.

The United States Patent and Trademark Office has already published regulations for implementing the Madrid Protocol Implementation Act of 2002. Those regulations are available at http://www.uspto.gov/web/offices/com/sol/notices
/68fr55748.pdf
and, with certain exceptions, take effect on November 2, 2003. These and other practical aspects of the using Madrid system in the U.S. will be covered by Hanno Rittner (hrittner@gbpatent.com) of Greenblum & Bernstein, P.L.C. at the APLF's free Internet roundtable on October 16, 2003, 12:30-1:30 pm Eastern Standard (New York) Time. Please RSVP to aplfadmin@aplf.org in order to obtain the toll-free dial in number for this seminar.

The Madrid system, which currently has a membership of 73 countries, gives a trademark owner the possibility of protecting a trademark in several countries by simply filing one application, in one language, with one set of fees in one currency (Swiss francs). An international registration produces the same effects as an application for registration of the mark made in each of the countries designated by the applicant. If protection is not refused by the trademark office of a designated country, the protection of the mark is the same as if it had been registered by that office.

The recent "Amendments to the Common Regulations under the Madrid Agreement and Protocol" are available at http://www.wipo.int/documents/en/document
/govbody/wo_gb_ab/doc/a_39_3.doc
. For more information on international treaties covering intellectual property, please contact the author of this issue, Bill Heinze (Bill.Heinze@tkhr.com), at Thomas, Kayden, Horstemeyer & Risley LLP in Atlanta, Georgia USA.

The information contained in this email is provided for informational purposes only and does not represent legal advice. Neither the APLF nor the author intends to create an attorney client relationship by providing this information to you through this message.

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