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CS Professional · Intellectual Property Rights - Law and Practice · Role of International Institutions

Arjun Brews has an international registration designating Germany. The German Office finds the mark descriptive and wants to refuse protection. Which statement is correct under the Madrid Protocol framework?

Germany, as a designated party, examines the mark under its own law and must notify any refusal to the International Bureau within the prescribed period. If it does not, the mark is protected there. The International Bureau and Office of origin do not decide substantive refusal.

  1. AGermany must refuse within the period permitted and notify the International Bureau; absent notified refusal, protection standsCorrect
  2. BGermany may refuse at any time, without notification, for the life of the registration
  3. CThe International Bureau decides on refusal and Germany must follow it
  4. DRefusal is possible only by the Indian Registry as Office of origin

Explanation

Each designated Contracting Party examines the mark under its own law and may notify a provisional refusal to the International Bureau within the prescribed period (normally 12 months, extendable to 18 under declaration). If no refusal is notified in time, the mark is protected there as if registered nationally. The International Bureau does not examine substantive grounds, and the Office of origin has no role in refusing in the designated country.

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