MADRID PROTOCOL
of an opposition proceeding into the Mexican trademark system.
Implementation of the Madrid Protocol in
Mexico necessitates the adjustment of Mexican legislation and procedures to harmonise the way national trademark registrations interact with the international registrations under the Protocol. Mexico’s decision demonstrates its readiness to embrace change, and these adjustments have the potential to improve and strengthen Mexico’s trademark system. For instance, implementing an opposition procedure would constitute an important step forward in adding a certain degree of democratisation to the trademark system by allowing the interaction of applicants and opponents. Tis will also improve settlement prospects.
National traders and companies, especially those with limited budgets, will benefit from simplified and standardised procedures. Currently, there are more international trademarks registered in Mexico than domestic companies internationalising their trademarks. Many Mexican businesses find it extremely expensive to expand elsewhere in the world given the costs of protecting their trademarks within numerous different jurisdictions. Te Protocol will greatly benefit Mexican traders
“THE PROTOCOL CONSTITUTES AN IMPORTANT NEW ALTERNATIVE FILING TOOL AND MEXICO WILL BENEFIT FROM IT BY ASSISTING INTERNATIONAL TRADEMARK
OWNERS TO BRING THEIR PRODUCTS AND SERVICES TO THE COUNTRY.”
and companies, facilitating the development of strategies to market their products and services abroad in order to gain access to foreign markets, by simplifying and reducing the costs of international trademark protection.
By the same token, foreign traders and companies will benefit
from a mechanism that facilitates
protection and maintenance of their trademarks in Mexico. Tis will attract foreign investment and the introduction of new branded products and services into the country. For instance, applicants who seek trademark protection in Mexico tend to run into problems with classification criteria currently applied by the Mexican Patent and Trademark Office (IMPI) in which examiners are afforded a wide degree of discretion and usually require applicants to amend specifications of goods or services to match the IMPI’s own version of the Nice Classification.
However, under the Protocol (once implemented in Mexico), an international applicant requesting a specification of goods or services that has been admitted to a certain class by the international bureau in association with the office of origin will be admitted in the first, formal examination by the IMPI. As regards the posterior substantive examination, international applications will be examined by the IMPI using the same criteria normally employed for a national application. However, the Protocol imposes time restrictions to expedite the examination process and requires member states to justify the reasons for refusing
26-29 September 2012
GRUR Annual Meeting 2012 Hotel InterContinental Frankfurt
Meet the German IP community and enlarge your expertise at this year’s Annual Meeting of GRUR, the German Association for the Protection of Intellectual Property.
For over 50 years, the conference has been themost constant and popular German IP event, bringing together over 700 professionals from more than 30 nations and covering all areas of intellectual propertywith particular focus on scientific, in-depth discussion of topical issues. High-level speakers from academia, private practice, industry and institutions such as the European Court of Justice, the EU Commission and WIPO will debate the latest develop- ments inGerman and European IP law and share their visions on upcoming topics with you.
Alongside the working programme, you will enjoy a rich social programme in and around Frankfurt, the city of Goethe and the European financial capital.
Germany
Established in 1891, the German Association for the Protection of Intellectual Property is the largest and oldest non-profit association in Germany devoted to the protection, academic advancement and development of intellectual property law.
With over 5,100members coming from 46 countries, GRUR offers an umbrella for a wide range of IP professionals: lawyers, patent attorneys, judges, academics, representatives of the German and European trademark and patent authorities and of the international organisations as well as enterprises, associations and their respective staff members.
Besides conferences and workshops, the Association provides further education courses for lawyers and patent attorneys and publishes four leading German professional journals: GRUR, GRUR International, GRUR-RR and GRUR-Prax.
For further information and online registration, please visit:
www.grur.org 52 World Intellectual Property Review September/October 2012
www.worldipreview.com
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