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If your mark is attacked

An International application may be attacked in two ways:

1. Attack against the base mark in the office of origin

The International Registration is reliant on the base application/registration in the Office of Origin for the first five years of its life.

If the base registration is:

  • opposed
  • revoked
  • cancelled
  • renounced
  • invalidated
  • lapsed

either parially or in totality during this period, the International registration will cease in respect of the goods/services effected.

The dependence is absolute and is effective, regardless of the reason for the total or partial failure.

Transformation

To soften the consequences of this dependency WIPO have a provision called transformation. This allows the holder to change the designation to become a national application/registration on the payment of a fee.

General details can be found on WIPO's website External Link as well as guidance on the questions of dependency, central attack and transformation External Link.

2. Opposition in any of the designated countries

Opposition can also be filed individually against the mark in any of the designated countries, but this will only affect the International Registration in that country, if successful.

If someone opposes your mark and you withdraw or lose your challenge to an opposition, you may have to pay towards the other persons costs.

Any costs incurred are set according to the law of the National Offices in the designated countries.

You may wish to seek professional advice if your international application is attacked.

Internet links