The Madrid Agreement and the Protocol Relating to the Madrid Agreement amendment has been effective since November 1st, 2017. The effective amendment involved a wide range of topics, but the following three changes require particular attention of the applicant: 

1. Voluntary trademark description

Some countries (such as the US and India) require the applicate to provide trademark description in international trademark application. For example, “non-standard” or “non-Latin-letter” trademarks may apply to such situation. Applicant who fails to provide the required description may be refused temporarily. 

In order to prevent the risk of such temporary refusal, starting from November 1st, 2017, applicants are required to voluntarily include trademark description in international applications or posterior designation.

This indicates that, starting from November 1st, international applications:

- Must include the same trademark description in the basic application or registration (“basic trademark”), if the office of origin has relevant requirement;

- Or any other additional description of the trademark (“voluntary description”)

Note: if the voluntary description has not been included in the original international application or the prior registered posterior designation, it can only be included in the posterior designation.

The international application MM2 form and the posterior designation MM4 form may include up to two descriptions of the trademark:

2. Designate or cancel agent

In case of official designation or cancellation of international trademark application agents (when the agent has been registered in the international registration book of international trademark registration), the WIPO will notify the IP office of the involved country/region according to this notice and publicize the designation or cancelation on the WIPO Gazette of International Marks.

3. Cancellation of posterior designation in the US due to improper MM18 form

Starting from November 1st, improper MM18 form that has not been corrected will no longer cause the abandonment of posterior designation application in other market destinations. If the WIPO, during its examination, discovers the improper behavior is restricted to MM18 form alone and the improper behavior has not been corrected within 3 months, the designation will only be canceled for the US and the other involved countries/regions in the application will no longer be affected.