Intellectual Property Law

Chapter 8 Putting It Into Words Solution

Draft a paragraph to be included in a letter to a client explaining the Madrid Protocol
principle of “central attack.”

One note of concern with regard to registrations obtained under the Madrid
Protocol relates to the dependency of the original trademark registration.
For five years after a registration is issued under the Madrid Protocol it is
dependent on the status of its home-country basic application or registration;
if such is invalidated for any reason, the resulting international registration
will also be invalidated, under the principle of “central attack.” Nevertheless,
even if the international registration is canceled it may undergo
“transformation,” and may be converted or transformed into national
applications in the various countries in which it was previously effective.
After five years, the international registration stands on its own and exists
independently of its home-country application or registration.