Can an international (Madrid) application be assigned directly with the USPTO?

Prepare for the USPTO Trademark Application and Registration Test. Access a variety of questions, including flashcards and multiple-choice formats. Each question includes hints and explanations to guide you. Boost your readiness and ace your exam confidently!

The correct response indicates that an international (Madrid) application must be recorded with the International Bureau (IB) of WIPO for any assignments to be valid. This is significant because the Madrid Protocol, which governs international trademark registrations, stipulates that the transfer of ownership for a mark registered under this system has to be formally recorded through the IB. This ensures that all parties involved are aware of the ownership changes, maintaining the integrity of the registration system internationally.

An assignment recorded with the USPTO alone would not suffice for an international application because the U.S. is a contracting party to the Madrid Protocol, and adherence to the regulations set forth by WIPO is essential. Thus, the requirement to involve the IB emphasizes the importance of maintaining a centralized and uniform approach to managing international trademarks.

The other choices imply possible scenarios that do not align with the established processes governed by the Madrid Protocol, such as suggesting that ownership can be transferred solely through the USPTO or based on the citizenship of the owner.

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