Several countries with notifications under new Rules 27bis(6) and 27ter(2)(b)

new rulesNotifications under new rules 27bis(6) and 27ter(2)(b) of the Common Regulations

Antigua and Barbuda, Bahrain, Bulgaria, China, the territorial entity of Curaçao, France, Georgia, Indonesia, Liberia, Mexico, San Marino, Thailand and Ukraine have notified the Director General of WIPO in accordance with new Rules 27bis(6) and 27ter(2)(b) of the Common Regulations, which entered into force on February 1, 2019.

Accordingly, new Rules 27bis(1) and 27ter(2)(a) of the Common Regulations do not apply to Antigua and Barbuda, Bahrain, Bulgaria, China, the territorial entity of Curaçao, France, Georgia, Indonesia, Liberia, Mexico, San Marino, Thailand and Ukraine. As a result, their respective Offices will not present to the International Bureau of WIPO requests for the division of an international registration under new Rule 27bis(1) nor requests for the merger of international registrations resulting from division under new Rule 27ter(2)(a).

According to the new ammended rules, holders of international trade marks can request the division and merger of international registrations. They must file their requests for division with the local intellectual property office, but not directly with WIPO. The local IPO may examine the request to ensure that it meets the requirements in the applicable national or regional law before notifying the International Bureau of WIPO.

However, contracting states have the right to notify WIPO that they will not present division requests to WIPO if their local legislation does not provide for the division of trade mark applications.

Source: WIPO