Who must indicate his or her email address and where?
The email address of the applicant in the international application, the new owner in a request for the registration of an ownership change and the representative named in the international registration, the request for documentation, or a separate communication shall all be specified.
Why is WIPO now requiring that applicants, new holders, and representatives indicate their email addresses?
Worldwide postal services continue to experience varying degrees of disruption due to the COVID-19 epidemic. Additionally, in some instances, WIPO’s capability to transmit postal letters has been impacted by advice from regional health authorities. However, WIPO still hasn’t stopped communicating with its users electronically.
To prevent applicants, owners, or their representatives from missing time-sensitive communications, like notifications of temporary rejection, and failing to respond promptly, which could result in loss of rights, the Arrangement of the Madrid Union agreed to make email a mandatory hint and advantage electronic communication in September 2020.
When does email address become a required indication?
Each of the following must provide their email address:
- International applications made from the Office of Origin on or after February 1, 2021;
- Requests for a registering of a shift in ownership filed to WIPO or the related Office on or after February 1, 2021, when presented through an Office;
- Request to register the appointment of a representative submitted on or after February 1, 2021, whether in an international application, a request for registration, or in an independent communication.
I am an applicant and have appointed a representative, does WIPO still need my email address?
Yes, in the international application, both you as the applicant and your representative, if you designate one, must supply your respective email addresses. The same rules apply if you, the new owner, name a representative when you submit a request for the registration of a shift of ownership.
Why am I, as an applicant or holder, required to indicate my email address if
my representative has already done so?
WIPO will contact your representative even though it requires your complete contact information, which includes your email address. WIPO will speak with you, nevertheless, in very limited situations:
- Messages will be provided to you till a representative is assigned if the appointment of your representative is odd or scarified at your desire or the proposal of your representative;
- An informal notice informing you and your representative of the precise date the international registration will expire will be given to you as well as your representative 6 months before the expiration of the renewal deadline.
- You and your representative will receive notice of the non-renewal of the international registration if it happens.
May I, as the applicant or holder, indicate the email address of my representative as my own?
No, as the owner or applicant should provide their own email address, doing so would violate the WIPO Madrid Protocol Regulations. Additional practical and legal aspects need to be considered into account. For instance, if the representative’s appointment is revoked, WIPO will send any correspondence to the email address the applicant or owner has provided as their own. If the applicant claimed the previous representative’s email address as his or her own and as a result, rights were forfeited, this might have adverse effects on the previous representative.
Are there cases in which WIPO will send communications by postal services instead of sending them by electronic means?
Since applicants, owners, or representatives were not obliged to provide an email address before the new requirement’s effective date, WIPO will continue to communicate with them via postal services (before February 1, 2021). In case of failure of electronic communication to contact its targeted receiver, it will alike send communications via postal services.
If I provide my email address, would WIPO make it available to the public? What will happen if I do not indicate my email address?
No, WIPO won’t disclose your email address to the general public. Your email address won’t be published in the WIPO Gazette of International Marks or shown on the Madrid System online information services (such as Madrid Monitor and Madrid Real-time State).
If I, as the applicant, do not indicate my email address in the international application, would this affect the date of my international registration?
If you are the applicant, WIPO will send an oddity notice to you or your representative (if applicable). You will have 3 months from the date of the oddity notification by WIPO to provide WIPO with your email address. In case of failure to notify it within the time frame, your overseas application will be deemed canceled.
The WIPO will send an oddity notice to you or your representative (if any) if you are the new owner in a proposal for the registering of a shift in ownership. You will have 3 months from the deadline of the WIPO’s notice of the abnormality to provide WIPO with your email address. In the case of not letting WIPO according to the time frame, they won’t register you as the new owner, and the proposal will be deemed canceled.
If you are the representative, WIPO won’t register the appointment because of the irregularity of your request. WIPO will let you know about this as well as the applicant or owner, and up until your appointment, only the applicant or owner will get all pertinent correspondence. In a new communication that satisfies the necessary standards, the applicant or the owner may name you as their representative.
Odd appointments made in international applications or requests for recording will prohibit the appointment from being registered, but they won’t stop the international registration or ownership shift from being registered in the International Register.
I already have an international registration or pending international application, how do I find out whether I have indicated an email address?
On Madrid Monitor, you may do a check for your current or pending international registration. Cause neither you nor your agent has provided an email address, the envelope icon to the left of your pending application or international registration or implies that WIPO is still delivering postal correspondence.
I have an international registration or pending application, how do I indicate or change my email address?
To enter or modify your email address, utilize the online form on Contact Madrid. Members can list their international registrations and include their email addresses. Applicants can enter the applicable WIPO reference number for suspended applications, which can be found in all WIPO correspondence. After processing the request, WIPO will contact the applicants to get more details or to verify the request’s legality.
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