ACCESSION OF THE EUROPEAN COMMUNITY TO THE MADRID PROTOCOL EXPECTED FOR LATE 2004

After approximately seven years of discussions and negotiations the European Community and the Assembly of the Madrid Union have taken the necessary steps to allow for a link between the Madrid system and the Community trademark system.

On November 14, 2003 the European Community published the Council decision approving the accession of the European Community to the Madrid Protocol as well as the amendment to Council Regulation (EC) No. 40/94 on the Community trademark.

WIPO very recently published the necessary amendments to the Common Regulations and the Administrative Instructions incorporating provisions to comply with specific features of the Community trademark system.

The European Commission is currently preparing corresponding amendments to the implementing regulation and the fees regulations regarding the Community trademarks.

All legislative measures will enter into force or only be applicable once the European Community has acceded to the Madrid Protocol which is expected to take place in Autumn 2004. Applicants will then benefit from the possibility to base an international registration on a CTM application or registration, thus obtaining trademark protection in a number of countries by filing one additional application. Holders of international registrations under the Madrid Protocol may obtain trademark protection under the Community trademark system.

It is announced that the individual designation fee for CTMs will be € 1.875. The designation fee for the fourth and each further class will be € 400.