The Principle Of Replacement

Are you aware that some of your national trademark registrations might already have been replaced by designations of International Registrations? You may be wondering how this could have happened and whether you need to worry? Here is a brief explanation of the principle of replacement.

What is replacement?

Replacement refers to the principle that the designation via an International Registration automatically substitutes a corresponding national or regional trademark registration if all conditions stipulated in Article 4bis of the Madrid Protocol are met. No typo – this happens automatically!

Conditions for replacement

Automatic replacement takes place, if:

• the marks are the same;