TMEP 1902.08: Subsequent Designation - Request for Extension of Protection Subsequent to International Registration

October 2017 Edition of the TMEP

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1902.08    Subsequent Designation - Request for Extension of Protection Subsequent to International Registration

A subsequent designation is a request by the holder of an international registration for an extension of protection of the international registration to additional Contracting Parties, made after the IB registers the mark.  The requirements for a subsequent designation are set forth in Article 3 ter(2) and Common Reg. 24.  The holder may file the subsequent designation directly with the IB.  There is a form for filing a subsequent designation, the MM4 form, on the IB website at http://www.wipo.int/madrid/en/.

A holder may file a subsequent designation through the USPTO if: (1) the international registration is based on a basic application filed with the USPTO and/or a basic registration issued by the USPTO; and (2) the holder is a national of, is domiciled in, or has a real and effective business or commercial establishment in the United States. 15 U.S.C. §1141d; 37 C.F.R. §§7.21(a) and (b).