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BLOG@IP::JURPatent Attorney Axel H Horns' Blog on Intellectual Property Law.
Wednesday, October 08, 2003EU is on the brink of PMMA accession.The Council of the European Union has prepared a Draft Instrument of approval concerning the accession of the EU to the Protocol Relating to the Madrid Agreement concerning the International Registration of Marks (PMMA).
Moreover, a Draft Council Regulation (EC) No xx/2003 of amending Council Regulation (EC) No 40/94 on the Community trade mark to give effect to the accession of the European Community to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks has also been prepared. This draft says, inter alia, "[...] Where an international application is filed, on the basis of a Community trade mark application, in a language other than one of the languages allowed under the Madrid Protocol for the filing of international applications, the Office should make its best efforts to arrange for the translation of the list of goods or services into the language indicated by the applicant in order for the application to be forwarded to the International Bureau in time to maintain the date of priority. [...] The international application shall be filed in one of the official languages of the European Community, using a form provided by the Office. Unless otherwise specified by the applicant on that form when he files the international application, the Office shall correspond with the applicant in the language of filing in a standard form. If the international application is filed in a language which is not one of the languages allowed under the Madrid Protocol, the applicant must indicate a second language from among those languages. This shall be the language in which the Office submits the international application to the International Bureau. Where the international application is filed in a language other than one of the languages allowed under the Madrid Protocol for the filing of international applications, the applicant may provide a translation of the list of goods or services in the language in which the international application is to be submitted to the International Bureau [...]"
Hence, this seems to be a very user-friendly (albeit probably expensive) solution of the language problem. Currently I do not have any indication as to when these instruments shall enter into force.
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