Rule 34(2)(B) Of The Common Regulations Under The Madrid Agreement

Birgit Pauli-Haack  

Information for holders of international registrations who request an extension of protection in Japan under the Madrid Protocol, in particular, you must be attentive to the payment of taxes related to an international trademark registration that Japan knows. Our office has adopted an individual fee of two parties in accordance with Article 34, paragraph 3, point a), common regulations within the framework of the Madrid Protocol. If you respond to the interim refusal notice, please take note of the following. Under Article 8 of the Japanese Patent Act, applicants who do not have a residence or residence in Japan cannot directly conduct proceedings with the JPO. Applicants who enter these circumstances must appoint a representative in Japan, for example. B a patent lawyer. For your information, the same article applies mutatis mutandis to trademarks and other rights based on their respective laws. We also recommend that you discuss the procedures in detail with your representative. If you have not met a deadline for payment of the second part of an individual fee in accordance with Rule 34(3) (c) (iii) and within two months of the expiry of this period, you can submit the MM20 (Processing Request) form to WIPO`s International Office (IB). Payment of the tax for subsequent processing in accordance with point 7.6 of the pricing plan (200 Swiss francs) The JPO also issues registration certificates (in Japanese “Touroku-sho”) for trademarks registered under the Madrid Protocol.

The registration certificate is normally sent to your representative in Japan, which is why you should ask your representative in Japan. The deadline is three months from the date of shipment if the JPO sends the return. . Please note that your international registration for Japan will be cancelled in the International Register if you do not pay the second part of the individual royalty to IB, your international trademark registration for Japan is cancelled. If you do not respond at all to the notice of provisional refusal or if you do not resolve the reasons for refusal indicated in the notice of the provisional refusal, the application for trademark will be rejected. In this context, the JPO will send you the decision to refuse the registration of a trademark. Therefore, the first part of the individual tax corresponding to a deposit tax must be paid at the time of international registration or subsequent designation. The second part of the individual tax, corresponding to a deposit tax, must be paid within the time frame set out in the “NOTIFICATION OF SECOND PART OF INDIVIDUAL FEE” issued by “STATEMENT OF GRANT OF PROTECTION”.

Both royalties must be paid directly to WIPO`s International Office. The following URL shows how to pay the fees directly to WIPO IB. (i) Filing a change (in order to adapt the designated products or services to the notification of provisional refusal) to our office through a representative (it is strongly recommended that you appoint a patent attorney) who has permanent residence or residence in Japan within three months of the date of the “date of proclamation” (i.e.dem date of application) or , see the following URL.