Understanding the Date of Recordal in Trademark Law
Definition & Meaning
The term date of recordal refers to the specific date on which a request for an extension of protection is officially recorded in the International Register. This request is made after an international registration has been granted under the Madrid Protocol. Understanding this date is crucial for trademark owners seeking to expand their brand protection internationally.
Legal Use & context
The date of recordal is primarily used in trademark law, particularly in the context of international trademark registration. When a trademark owner wishes to extend their protection to additional countries after their initial registration, they must submit a request. The date of recordal marks the official acknowledgment of this request in the International Register, which is vital for maintaining trademark rights across jurisdictions.
Users can manage the process of filing for an extension of protection through legal forms and templates available from services like US Legal Forms, which are designed to assist individuals in navigating trademark law.
Real-world examples
Here are a couple of examples of abatement:
For instance, a company that has successfully registered its trademark in the United States may decide to expand its protection to Canada. If the company submits a request for extension on March 1, 2023, and it is recorded on March 10, 2023, then March 10, 2023, is the date of recordal.
(Hypothetical example) A small business owner may have their trademark registered in the European Union and wishes to extend it to Australia. They file their request on April 15, 2023, and the date of recordal is noted as April 20, 2023.
Relevant laws & statutes
According to 15 USCS § 1141 (4), the definition of the date of recordal is established within the framework of the Madrid Protocol, which governs international trademark registration and protection.