[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR7.11]

[Page 313-314]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
  CHAPTER I--UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF 
                                COMMERCE
 
PART 7_RULES OF PRACTICE IN FILINGS PURSUANT TO THE PROTOCOL RELATING TO THE MADRID AGREEMENT CONCERNING THE INTERNATIONAL REGISTRATION OF MARKS--Table of Contents
 
 Subpart B_International Application Originating From the United States
 
Sec. 7.11  Requirements for international application originating from the United States.


    (a) The Office will grant a date of receipt to an international 
application That is either filed through TEAS, or typed on the official 
paper form issued by the International Bureau. The international 
application must include all of the following:
    (1) The filing date and serial number of the basic application and/
or the registration date and registration number of the basic 
registration;
    (2) The name of the international applicant that is identical to the 
name of the applicant or registrant as it appears in the basic 
application or basic registration and applicant's current address;
    (3) A reproduction of the mark that is the same as the mark in the 
basic application and/or registration and that meets the requirements of 
Sec. 2.52 of this title.
    (i) If the mark in the basic application and/or registration is 
depicted in

[[Page 314]]

black and white and the basic application or registration does not 
include a color claim, the reproduction of the mark in the international 
application must be black and white.
    (ii) If the mark in the basic application or registration is 
depicted in black and white and includes a color claim, the 
international application must include both a black and white 
reproduction of the mark and a color reproduction of the mark.
    (iii) If the mark in the basic application and/or registration is 
depicted in color, the reproduction of the mark in the international 
application must be in color.
    (iv) If the international application is filed on paper, the mark 
must be no more than 3.15 inches (8 cm) high by 3.15 inches (8 cm) wide, 
and must appear in the box designated by the International Bureau on the 
International Bureau's official form;
    (4) A color claim as set out in Sec. 7.12, if appropriate;
    (5) A description of the mark that is the same as the description of 
the mark in the basic application or registration, as appropriate;
    (6) An indication of the type of mark if the mark in the basic 
application and/or registration is a three-dimensional mark, a sound 
mark, a collective mark or a certification mark;
    (7) A list of the goods and/or services that is identical to or 
narrower than the list of goods and/or services in each claimed basic 
application or registration and classified according to the Nice 
Agreement Concerning the International Classification of Goods and 
Services for the Purposes of the Registration of Marks;
    (8) A list of the designated Contracting Parties. If the goods and/
or services in the international application are not the same for each 
designated Contracting Party, the application must list the goods and/or 
services in the international application that pertain to each 
designated Contracting Party;
    (9) The certification fee required by Sec. 7.6;
    (10) If the application is filed through TEAS, the international 
application fees for all classes, and the fees for all designated 
Contracting Parties identified in the international application (see 
Sec. 7.7);
    (11) A statement that the applicant is entitled to file an 
international application in the Office, specifying that applicant: is a 
national of the United States; has a domicile in the United States; or 
has a real and effective industrial or commercial establishment in the 
United States. Where an applicant's address is not in the United States, 
the applicant must provide the address of its U.S. domicile or 
establishment; and
    (12) If the international application is filed through TEAS, an e-
mail address for receipt of correspondence from the Office.
    (b) For requirements for certification, see Sec. 7.13.

[68 FR 55769, Sept. 26, 2003, as amended at 69 FR 57185, Sept. 24, 2004]