Under the Madrid Agreement, trademarks are constantly being updated in terms of new registrations, renewals, cancellations, changes in ownership or goods or services related to the mark, and changes of contracting parties. In order for the public as well as international trademark owners to be aware of marks at the international level, the International Bureau publishes the Gazette, formally titled, Gazette OMPI des marques internationales/WIPO Gazette of International Marks. The Gazette exists to provide for a publication relating to all pertinent aspects of international trademarks and providing information to the domestic offices as well as the public and trademark owners.
The Gazette publishes all types of information regarding international trademarks, the most obvious being the registration of new international trademarks. Once a mark is successfully registered at the international level, and recorded as such, the mark will be published in the Gazette, providing general information such as the owner’s name, country of the mark’s origin, contracting parties, and the relevant products or services associated with the mark. A reproduction of the mark is also published, so as to give a general understanding as to what its description is, and how it is applied to specific products or goods. Another important occurrence that is published in the Gazette in accordance with the Madrid Agreement is the publishing of any provisional refusals.
The Gazette will record and publish provisional refusals, but only providing for minimum information so as to not infringe the privacy of the mark’s owner or pertinent parties. The Gazette will make it known that a provisional refusal is imposed, but only provide information regarding whether or not certain goods or products are affected by the refusal; it will not provide for the actual reasons for refusal, nor the actual types of products or goods directly affected. Renewals are also published in the Gazette under Madrid Agreement legislature, in a similar fashion that new trademark registrations are published to be introduced to the public and concerned parties.
Other procedures as required by the Madrid Agreement will also be published in regards to a particular mark, such as changes of ownership, goods or products, or contracting parties, as well as cancellations, invalidations, and trademarks that have yet to be renewed. In general, a reproduction of the mark will be provided in the Gazette, and if a color reproduction is necessary, both a color and a black and white reproduction will be made available. Other information will also be published in the Gazette, such as any particular days that the International Bureau will not be open for business, a list of fees required by the Madrid Agreement, records of licenses granted, and any special requirements needed for a particular trademark registration.
The Gazette is made available to the domestic Office of Trademarks, providing for two copies free of charge. In the situation that during a particular year, the number recorded of registrations or designations exceeds 2,000, the International Bureau will provide for an additional copy for ever 1,000 designations that exceed 2,000. Owners of marks and relevant contracting parties may purchase the Gazette at half price, in the same amount of copies that are available to the domestic Office. The Gazette is also available online, in an electronic data base, which may be subject to usage fees, or subscriptions costs.