Work for Information Gathering on Procedures related to the International Registration of Marks
under the Protocol Relating to the Madrid Agreement (Summary)
I. Purpose of the Work
With regard to the procedures of the system based on the Protocol Relating to the Madrid
Agreement (hereinafter, the Madrid protocol) in respective countries, the purposes of this work are togather the information mainly on the "procedure after users receive the provisional refusal" and toprovide the gathered information to users. In addition, the purposes of this work are to provide thesmooth operation of the Madrid protocol to users and to motivate users to use the Madrid protocol.
II. Content of the Work
1. Target countries for information gathering
China, South Korea, and Israel
2. Target items for information gathering(1) Trends or the like of the Trademark Law(2) Definition of trademark(3) Formality requirements(4) Examination(i) Outline of substantive examination(ii) Contents of examination(iii) The time limit for notifying of provisional refusal(iv) Contents of absolute grounds for refusal(v) Contents of relative grounds for refusal(5) Response procedure for the applicant of international registration in the event of receipt of
notification of provisional refusal(i) Sample, translation thereof and explanation of content (applicable language) of notification ofprovisional refusal, handling of the refusal in respect of all or some of the goods and services(ii) Response period to notification of provisional refusal(iii) Necessity of local representative and method of search for local representatives, etc.
(iv) Procedure that international registration applicant himself may do without local representative(v) Outline of procedure until the refusal is fixed in the case of not responding to the notification ofprovisional refusal in respective countries or in the case where the ground for refusal is not resolved
regardless of the response(6) Outline of procedures until the registration after resolving the grounds for refusal or in case of noground for refusal(7) Registration(i) Registry(ii) issuance of registration certificate

1(8) Precautions after registration(9) Opposition(10) Appeals(11) Enfoecement of rights(i) Time when and requirements for what the right occurres(ii) Filing of infringement action (request for injunction and damages)(12) Handling for the distinctive system related to international resigtration under the Madrid Protocol(13) Declaration on the Madrid Protocol(i) Fee (presence or absence of declaration of individual fee)(ii) Declaration on the time limit to issue notification of provisional refusal (18 months)(iii) Declaration of intention to use(iv) Declaration on licence(14) Distinctive System(15) Information available from website or the like(i) Trademark Search System(ii) Sites for checking valid designated product/service names
III. Outline of substantive examinationThe outline flows of substantive examination in respective countries are as follows.

21. China
Chart 1: Outline flow of substantive examination (China)[Applicant] [International Bureau (IB)] [Office of designated contracting party (China)]International application
for trademark
registration (subsequentdesignation)

International
registration/publication

Notification of international
registration/territorial
extension

Receipt of notificationof territorial extension*1
Receipt of notificationof provisional refusal

Notification ofprovisional refusal

Notification ofprovisional refusal

Receipt of notificationof provisional refusal

Substantive
examination

Preliminaryexamination
Opposition
procedure

Response

Receipt of notificationof of provisional
refusalNotification ofprovisional refusal

Opposition
decision

Opposition*2

Opponent

Time lapse ofOpposition
periodTrademark review and adjudication Board
Request forreview

Review

AppealDecision ofpeople’s court
Receipt ofconfirmation of total

Confirmation of total
provisional refusal

Receipt of statement ofgrant of protection

Statement of grantof protection

Request forcertification ofregistration*3

Refusal of protection(total) is fixed
Grant of protection(total/partial) is fixed
Issue ofcertification ofregistration*1 within 18 months from the niotification of territorial extension*2 the opposition period is within three months from the first day of the next month following theinternational publication date
*3 The certificate of registration will be issued only when the trademark owner request for theissuance.

32. South Korea
Chart 2: Outline flow of substantive examination (South Korea)[Applicant] [International Bureau (IB)] [Office of designated contracting party (South Korea)]International application
for trademark
registration (subsequentdesignation)

Receipt of notificationof provisional refusal

International
registration/publicationn
Receipt of Notificationof territorial extension

Notification of international
registration/territorial extension*1
Notification ofprovisional refusal

third parties
Substantive examination

Provision ofinformation

Response

Final dispositionof refusal
Receipt of
notification ofprovisional refusal

No ground ofrefusalPublication of
application

Notification ofprovisional refusal

Opposition
procedure

Response

Opposition
Time lapse of
Opposition period

Opposition
decision

AppealDecision of Court
Depposit

Receipt of confirmation of
total provisional refusal

Confirmation of
total provisional
refusalReceipt of statement ofgrant of protection

Statement of grantof protection

Refusal of protection (total)
is fixed

Grant of protection (total/partial)
is fixed
Publication ofregistration*1 within 18 months from the niotification of territorial extension*2 the opposition period is within two months from the publication of application

4*2

Opponent

3. Israel
Chart 3: Outline flow of substantive examination (Israel)[Applicant][International Bureau (IB)] [Office of designated contracting party (Israel)]International application
for trademark registration(subsequent designation)

International
registration/publicationnNotification of international
registration/territorial extension

Receipt of notificationof provisional refusal

Receipt of Notification of
territorial extension
Publication of application*1
Substantive examination

Notification ofprovisional refusal

Response

Receipt of Notificationof interim status

Notification ofinterim status

Receipt of notificationof provisional refusal

Notification ofprovisional refusal

Final disposition ofrefusal

Opposition
procedureNo ground ofrefusal

Time lapse ofOpposition period*2
Opposition

Response
Opponent

Opposition
decision

AppealDecision of Court

Receipt of confirmation of
total provisional refusal

Confirmation of total
provisional refusal

Receipt of statement ofgrant of protection

Statement of grant ofprotection

Refusal of protection (total)
is fixed

Grant of protection (total/partial)
is fixed
Publication ofregistration*1 within 18 months from the niotification of territorial extension*2 the opposition period is within three months from the publication of application

5