References to Electronic Filing Systems in Rules of Practice in Filings Pursuant to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks - Final rule

Sep 18, 2026

Uploaded by Mimi

Final rule issued by the United States Patent and Trademark Office amends 37 CFR part 7 to implement a nomenclature change. The rule replaces specific references to the Trademark Electronic Application System and TEAS with generic terminology for electronic filing systems used to submit correspondence for international applications originating in the United States under the Madrid Protocol. The amendment clarifies terminology without changing filing requirements or statutory obligations, and it explains procedures for USPTO and WIPO examination, certification, irregularity notices, and subsequent designations.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages11

Reading Time28 min

AccessFree to download

Summary

Effective date and agency actions

Technical changes to 37 CFR Part 7

Madrid Protocol procedures and roles

Electronic filing systems and response requirements

Subsequent designations

This document is scheduled to be published in the Federal Register on 2026-07-15 and available online at [https://www.federalregister.gov/d/2026-14240](https://www.federalregister.gov/d/2026-14240), and on 3510-16-P [https://govinfo.gov](https://govinfo.gov) DEPARTMENT OF COMMERCE Patent and Trademark Office 37 CFR Part 7 [Docket No. PTO-T-2026-0166] RIN 0651-AD95 References to Electronic Filing Systems in Rules of Practice in Filings Pursuant to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks AGENCY: United States Patent and Trademark Office, Department of Commerce. ACTION: Final rule. SUMMARY: The United States Patent and Trademark Office (USPTO or Office) issues this final rule to effectuate a nomenclature change by substituting generic terminology for references to particular electronic filing systems used to submit correspondence related to international applications originating with the United States under the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol) . This amendment clarifies terminology without changing filing requirements or statutory obligations. DATES: This rule is effective [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER] . FOR FURTHER INFORMATION CONTACT: Jessica Ludeman, Office of the Deputy Commissioner for Trademark Examination Policy, at 571-272-7183 or [TMFRNotices@uspto.gov](TMFRNotices@uspto.gov). SUPPLEMENTARY INFORMATION: This final rule amends 37 CFR part 7 to replace references to the USPTO’s electronic filing system names,“Trademark Electronic Application System” and “TEAS” with generic terminology for the filing systems used to submit documents as part of international applications and subsequent designations originating in the United States under the Madrid Protocol. The Madrid Protocol went into effect in the United States on November 2, 2003, and was implemented under 15 U.S.C. 1141 et seq. and 37 CFR parts 2 and 7. The International Bureau (IB) of the World Intellectual Property Organization (WIPO) in Geneva, Switzerland administers the Madrid system for international trademark registration. The Regulations Under the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Regs. Rule) set forth the procedures regarding the administration of the Madrid Protocol, pursuant to Madrid Protocol Article (Article) 10(2)(iii) . The Madrid Protocol Implementation Act of 2002 amended the U.S. Trademark Act to provide that the owner of a U.S. trademark registration or pending application (basic registration or basic application) may seek protection of its mark in any of the member countries of the Madrid Protocol by submitting a single international application originating in the United States if the owner is a national of, is domiciled in, or has areal and effective industrial or commercial establishment in the United States. 15 U. S.C. 1141a; Trademark Manual of Examining Procedure (TMEP) 1902.01. The USPTO Madrid Processing Unit (MPU) reviews international applications to determine whether the information contained therein corresponds to the information in the associated basic application or basic registration. If the international application meets the requirements of 37 CFR 7.11(a), the MPU will certify the application and forward it to the IB. 15 U.S.C. 1141b; 37 CFR 7.13(a) . Once the IB receives the certified international application from the USPTO, the IB will examine the application for completeness. If an international application is not complete, the IB will notify both the applicant and the USPTO of the irregularity. TMEP 1902.07. The irregularity notice will specify whether the response must be provided by the USPTO or the applicant. See 37 CFR 7.14; TMEP 1902.07; Regs. Rule 11. Applicants must file responses to irregularities regarding the classification and/or identification of goods and/or

FAQs

What does the final rule change about electronic filing system references?

It replaces specific references to the Trademark Electronic Application System and TEAS with generic terminology for electronic filing systems used for Madrid Protocol filings originating in the United States.

Does the terminology change affect filing requirements or statutory obligations?

No. The amendment clarifies terminology without changing filing requirements or statutory obligations.

How are irregularities in international applications handled between the USPTO and the IB?

The USPTO Madrid Processing Unit reviews and certifies applications for forwarding to the International Bureau. If the IB finds an application incomplete, it notifies the applicant and the USPTO, and the response must be filed according to which party is required to respond.

Sep 18, 2026

Uploaded by Mimi