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Amendments to Trademark Laws

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Apr 26, 2017 (Newsletter Issue 8/17)
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Request for Correction of Declaration of Standard Characters

Since January 6, 2014, an application for international registration of a trademark under the Madrid System, where the Benelux Office for Intellectual Property (BOIP) would be the Office of origin, must be filed using the Madrid e-Filing Module (“MeF”).

When this tool was introduced, it did not provide a box for applicants to check to declare that the mark should be considered as a mark in standard characters (“Declaration of Standard Characters”). Such box was made available in MeF on December 1, 2016, which means that in the period from January 6, 2014 to December 1, 2016, it was not possible for applicants to make such a declaration. It is optional for the applicant to make such declaration. However, if the applicant wants to make this declaration it must in principal be made at the time of filing the international application.

Holders who filed international applications within the dates mentioned above now receive the possibility to request a correction in the International Register, under Rule 28 of the Common Regulations to the Madrid Protocol (“Common Regulations”), to record a Declaration of Standard Characters in their international registration. There is no time limit to ask for this correction.

A request for such correction must be submitted through BOIP, using the available electronic form here

Further information can be found here