More Attractive International Trademark Registration

In 2008, a real breakthrough was achieved in the area of international trademark registration. After many years of debate, the repeal of the so-called “safeguard clause” was resolved. The repeal thereof and a few other amendments have simplified the system of international trademark registration and thereby made it more attractive. Now, what does that mean in detail? Since 1 September 2008, a free choice can now be made between French and English as the procedural language and as of late, the entrance criteria (the reference criteria to the “home authority”, namely company seat, place of residence or citizenship) can now be used alternatively. Further: for MMA/MMP contractors, applications for international trademark registration may also be carried out already on the basis of a submitted application for a national trademark (basic registration), and not just on the basis of a previously registered national trademark alone. In addition, retrospective nominations as well as applications for renunciation or cancellation may be submitted to the international office of the WIPO from now on. Any provisional refusal of protection are now communicated already by the Austrian Patent Office between the 8th and 9th month after completed international registration, by which many applicants’ wish to be informed as soon as possible about any provisional refusal of protection was further complied with.