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

12. 4. 2021, Written by 0 comment

The request to limit the list of products and services is a formal procedure under Article 25 of the common regulations of the Madrid Convention on the International Registration of Trademarks and the Protocol on This Agreement. The list of goods and services may be limited by a written application for a prescription with the WIPO levy. Please note that the application must be submitted directly to WIPO via the official form (MM6). Any application for territorial extension in Japan under the Madrid Convention protocol on the international registration of trademarks is considered to be an application for registration filed on the day of international registration or subsequent designation in accordance with The Japanese Trademark Act. Therefore, the application is considered by the Japanese Patent Office (JPO) in the same way that a domestic application is considered. If the application is based on grounds of rejection under the law, the JPO issues a total interim refusal. Please visit WIPO`s website at www.wipo.int/treaties/en/text.jsp?file_id=355319 (External Link) for Rule 25 of the Joint Regulations under the Madrid Convention on International Trademark Registration and the Protocol on This Agreement and www.wipo.int/treaties/en/text.jsp?file_id=355319 (External Link) for the Official Restriction Form. (MM6) Metal bolts; metal bottle caps; ordinary metal boxes; Ordinary metal rings [material]; Metal crates; Metal compounds for tubes; Keys ordinary metal statuettes; The JPO has issued an individual tax composed of two parties, in accordance with Rule 34, paragraph 3, point a), common regulations within the framework of the Madrid Convention on international trademark registration and the protocol relating to this agreement. Please take note of the notification instructions of the SECOND PART OF THE INDIVIDUAL FEE sent by the International Office with the Protection Grant Declaration or the DECLARATION of THE ER-THE TEMPORARY REFUSAL for the payment of the second part of the individual tax. Please note that international registration in the international register for Japan will be cancelled if the second part of the national tax is not paid within the time set out in the NOTIFICATION OF the SECOND PARTY OF THE INDIVIDUAL FEE, in accordance with Rule 34 (3)d) of the common regulations of the Madrid Convention on International Trademark Registration and the protocol relating to this agreement. Ordinary metal items that are not included in other classes; A trademark that falls under the registered trademark category is a trademark that is now in use or will be used in the near future. The accuracy of the use or intent of the use of the mark with respect to all designated goods and services is questioned when the range of products and services listed in a class is too wide. Therefore, such a request does not meet the requirements of the main sale of Section 3 (1) of the Trademark Act.

For international registration holders, the JPO provides the following information on the most frequently issued reasons for provisional refusals, the response to them, and Japan`s unique designation procedures. A restriction comes into effect when it is registered in the International Register. The restriction on the International Register applies to japan`s designation as long as the case is served before the JPO. A case is considered edgy by the JPO:a) not only the three-month period from the date of notification of the PROVISION NOTIFICATION A PROVISIONAL REFUSAL, but also until the proclamation of the DECISION RELATIVE TO REFUSE A TRADEMARK REGISTRATION; and b) even after the decision was announced, A TRADEMARK REGISTRATION REFUSE, subject to the fact that the licensee filed an appeal with the JPO within three months of the date of the proclamation of the AMARK TRADEMARK REGISTRATION DECISION.

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