Amendments of Rules of the Regulation on implementation of the Protocol relating to the Madrid Agreement on international registration of Marks.

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Amendments of Rules of the Regulation on implementation of the Protocol relating to the Madrid Agreement on international registration of Marks.

The National Office of Intellectual Property of Vietnam issued notice No. 679/TB-SHTT dated January 29, 2021 of amending a number of rules of the Regulation on implementation of the Protocol relating to the Madrid Agreement on international registration of Marks.

As its 54th (31st extraordinary) session, the Madrid Union Assembly adopted the amendments of Rules 3, 9, 25 and 36 of the regulations under the Protocol relating to the Madrid Agreement concerning the international registration of Marks. As follows:

1. Amendments to Rules 3, 9, 25 and 36 of the Regulations require: (i) the applicants (in the international application), (ii) new holders, in the request for the recording of a change in ownership, and (iii) designated representatives in an international registration application or request for recognition of an international registration change in ownership or designated by a separate procedure must provide the e-mail address on the Statements of each respective procedure.

2. Failure to indicate an e-mail address will be considered a defect in these procedures, specifically:

2.1 For international registration application of Marks, if the applicant fails to indicate an e-mail address within 3 months from the date of the notification of the irregularity by the International Bureau, the international application will be considered abandoned.

2.2 In the request for the recording of a change in ownership, if the new holder does not indicate an e-mail address within 3 months from the date of the notification of the irregularity by the International Bureau, the request will be considered abandoned.

2.3 Failure to indicate the e-mail address of the designated representative in the international application, in a request for recording a change in ownership or designate separate representatives, will result in this designation is irregular. In this case, the International Bureau will send all relevant notices to the applicant or holder of the international registration until a representative is appointed.

3. The International Bureau will send all notices to the applicant, new holder or representative electronically to the e-mail address indicated on the file.

The International Bureau will continue to send notices by postal service to applicants, holders or representatives who do not have an e-mail address prior to the effective date of these amendments. The International Bureau will also send notices by postal service when electronic communications fail to reach the intended recipients.

4. The International Bureau encourages users of the Madrid System to indicate the International Bureau with e-mail addresses related to international applications and registrations without an e-mail address at the Internet address: https: //www3.wipo.int/contact/en/madrid/

5. The above amendments become effective from February 1, 2021.

This is the notice from NOIP of Vietnam to inform the organizations and individuals to implement the procedures related to the international registration of Marks under the Madrid system.

National Office of Intellectual Property of Vietnam