"1. On 27 October 2003, the Council has adopted - a Council Decision approving the accession of the European Community to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, adopted at Madrid on 27 June 1989, and - a Council Regulation modifying 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 adopted at Madrid on 27 June 1989. (cf. Communication No 8/03 of the President of the Office of 18.11.2003, OJ OHIM 1/2004)
2. On 26 April 2004, the Commission has adopted - Commission Regulation (EC) No 782/2004 amending Regulation (EC) No 2868/95 (the Implementing Regulation), and - Commission Regulation (EC) No 781/2004 amending Regulation (EC) No 2869/95 (the Fees Regulation). Both Regulations are published in OJ EC No L 123 of 27.4.2004. They are republished in the same issue of the Official Journal of the Office as this Communication.
3. This paves the way for the deposit of the instrument of accession of the European Community to the Madrid Protocol, in such a manner that the accession of the European Community should become effective on the
1st of October 2004.
As from that date international applications may be filed with the Office, and the Regulations mentioned above will enter into force. It has to be stressed that the legally binding date will be the date which will be notified by the Director-General of WIPO. The Office will inform the public again once the legally binding date will be known.
4. [...]"
This means that (probably) starting with October 01, 2004, an EU Community Trade Mark can be taken as a basis for an International Registration under the Madrid System. Moreover, the OHIM will then be available as a designation for an International Registration. The future will show hoew attractive the OHIM - Madrid link is in terms of costs and conditions.
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Dipl.-Phys. Axel H Horns is Patentanwalt (German Patent Attorney),
European Patent Attorney as well as European Trade Mark Attorney. In particular, he is Member of:
Communication No 7/04 of the President of the OHIM of 28 May 2004:
