central attack under the Madrid Agreement (or the Protocol).
If within 5 years from the date of international registration, the mark
is declared invalid or otherwise lost in the country of origin, all
national registrations that are based upon it are lost. Failure may
occur for instance from cancellation, voluntary surrender or non
renewal.
At the end of the 5 years period, registration in each designated
country becomes independent. Its validity and effectiveness is
determined by the local legislation of each designated country.
This applies to both the Agreement and the Protocol.
However under the Protocol the owner of a failed international
registration has the right to file for an independent registration of
the mark with the trade mark office of the designated territories
within a three month period. These subsequent applications are
deemed to have the priority date of the original registration.
Nothing on this site constitutes legal advice, an offer, an offer to treat or a legal relationship.
Always check with your IP consultant.
