Rule 18ter(3) of the Common Regulations under the Madrid Agreement and Protocol is an important provision that governs the manner in which an international trademark application can be modified or corrected. This rule provides trademark owners with the option to amend or correct certain aspects of their international trademark application even after it has been filed.
The Madrid Agreement and Protocol is an international treaty that facilitates the registration of trademarks in multiple jurisdictions around the world. It provides a streamlined and cost-effective solution for trademark owners to protect their brands globally. However, the process of filing an international trademark application can be complex and time-consuming, and mistakes can happen.
That`s where Rule 18ter(3) comes in. This rule allows trademark owners to make changes to their international trademark application in specific circumstances. These changes may include correcting typographical errors, adding or deleting goods or services, and making other minor amendments that do not alter the overall character of the trademark.
To utilize this provision, the trademark owner must submit a request for amendment or correction to the International Bureau of WIPO. The request should specify the nature of the changes requested and be accompanied by the appropriate fee. It is important to note that Rule 18ter(3) only applies to changes that do not substantially affect the identity of the trademark or its essential characteristics.
In addition, the request for amendment or correction must be filed within a specific time frame. For example, if the international trademark application is still pending, the request can be submitted at any time before the application is approved. However, if the trademark has already been registered, the request must be made within five years of the date of registration.
In conclusion, Rule 18ter(3) is a valuable provision that enables trademark owners to make minor changes to their international trademark application, even after it has been filed. By taking advantage of this rule, trademark owners can ensure that their trademarks are protected in the most effective and efficient way possible. As such, it is important for all trademark owners filing international applications to be familiar with this provision and to utilize it as needed.
