On 1 February 2023, several important changes to the Madrid System came into effect. They concern the following: The representation of colour marks; Colour claims in international registrations; Filing of non-traditional trade marks, such as sound, motion and multimedia marks; Representation of earlier rights in provisional refusals; and Communication with WIPO.
WIPO’s notice on these changes containing a redline version of the amended Regulations under the Madrid Protocol and the Administrative Instructions are available here.
Here are the changes in detail:
Representation of colour marks where the basic mark is in black and white.
A second representation of the mark was required when the representation of the basic mark was in black and white, and the applicant claimed colour as a distinctive feature of the mark in the international application. This meant that two representations had to be provided: one in colour and one in black and white.
As of 1 February 2023, only the colour representation of the mark is required if colours are meant to be a distinctive feature of the mark (Rules 9(4)(a)(v),(vii), 32(1)(c) of the Regulations under the Madrid Protocol (“Regulations”)). Read more