WIPO irregularity notice on goods and services: what it means and how the response works

1. Which rule is the notice based on?

The Regulations under the Madrid Protocol, as in force on 1 November 2025, distinguish three groups of irregularities. For the list of goods and services, Rules 12 and 13 are decisive; other defects fall under Rule 11. First check which rule the notice is based on. It determines who can act, which time limit runs and what happens if there is no response.

The most important practical point: for Rules 12 and 13, the Regulations provide for an opinion or proposal from the Office of origin. For classification irregularities, WIPO’s examination guidelines state expressly that it cannot accept proposals directly from the applicant. For a German basic mark, the Office of origin is the DPMA; for an EU trade mark it is the EUIPO. Agree the route with that office rather than writing to WIPO directly. WIPO examination guidelines, section 3.4

2. Rule 12: WIPO proposes a different class

If the classification in the application does not match WIPO’s view, WIPO makes its own proposal and notifies the Office of origin. The Office may submit an opinion within three months. If no opinion has been received after two months, WIPO sends a reminder to the Office and the applicant; this does not extend the three-month period. After receiving an opinion, WIPO may withdraw, modify or confirm its proposal. Rule 12(1)–(6)

The mark is ultimately registered in the classification WIPO considers correct. An opinion is therefore most useful where there are good reasons why the class applied for is right. If WIPO’s proposal is correct, the remaining question is usually the fees. Whether a term that is not needed in the new class can be deleted instead should be clarified with the Office of origin in advance. Rule 12(9)

For a missed payment under Rule 12(7), continued processing under Rule 5bis may be available. The signed request on the official form, the required fee and full completion of the omitted requirements must reach the International Bureau or be fulfilled within two months after the missed time limit expires. This is not an automatic extension; have the individual case reviewed promptly. Rule 5bis

3. Rule 13: a term is too vague

Rule 13 concerns wording. A term may be too vague for classification, incomprehensible or linguistically incorrect. WIPO may suggest a replacement term or deletion. The Office of origin may submit its own proposal within three months.

If no acceptable proposal is made, the term remains as filed, provided the Office has indicated a class. The registration then contains an indication that WIPO considers the term too vague, incomprehensible or linguistically incorrect. If no class was indicated, WIPO deletes the term ex officio. Rule 13

WIPO’s classification examination guidelines, fifth edition 2026, show which wording it objects to. Some examples from the guidelines:

• “electronic apparatus”: name the device or its function.
• “technical consultancy”: state the field, because advice is classified according to its subject.
• “providing information”: state the subject matter of the information.
• “support services”: name the specific service and its field.
• Open-ended additions such as “and the like”, “etc.” or “such as” are not accepted. “namely” or “in particular” can be used if specific terms follow.

According to its guidelines, WIPO accepts class headings and their general indications without raising an irregularity. Some designated offices, however, require more specific terms. WIPO’s acceptance therefore does not guarantee acceptance by the designated offices.

4. Room for manoeuvre: narrow or clarify, never broaden

The list in the international registration is based on that of the basic mark: it may be narrower, but not broader. WIPO: classification in the international application Every response proposal must stay within this limit: a vague term can be specified, restricted or deleted. Goods not covered by the basic mark cannot be added this way; that would first require a new national or regional application.

Language matters too. When filed via the DPMA, the international application is submitted on WIPO form MM2 in English or French. DPMA: international application It is best to word the proposal in the language of the application; in substance, it must remain covered by the German list of the basic mark. A term-by-term comparison prevents a translation from broadening or narrowing the scope unnoticed.

5. Fictional example: three objections for Fjord Instrumente

Fjord Instrumente and all events in this example are invented. Fjord Instrumente GmbH has applied, via the DPMA, for an international registration based on its German mark. WIPO objects to three terms in the English list.

The classification of medical thermometers can be checked in the Nice Classification 2026, Class 10, Basic No. 100198. The suggested clarifications are fictional working formulations, not assurances of acceptance in an individual case. The technical consultancy wording must also fit the basic mark and the services actually intended.

For each line, the firm records the date of the WIPO notice, the end of the time limit, the date by which the proposal should reach the Office of origin, the responsible person and the approved wording. This keeps it clear which objection has been dealt with and which is still open.

6. Prepare the response and pass it to the Office of origin

• Record the WIPO notice date, applicable rule and precise triggering event. For Rules 12 and 13, the stated periods run from the relevant notification, not a later internal forwarding date. Rule 11(6) has a different starting point; check the final date under the designated docketing procedure.
• Agree with the Office of origin in what form and by when the proposal should reach it so that it can be forwarded to WIPO in time.
• Obtain the responsible person’s decision for each term: under Rule 12, accept the class or defend it with reasons; under Rule 13, adopt WIPO’s suggestion, propose different wording or clarify deletion through the Office of origin.
• Check every wording against the list of the basic mark: narrow or clarify, never broaden.
• Place the English or French version next to the German list and have the language checked.
• Record any fees resulting from reclassification with their own payment deadline.
• Keep on file the approved version, the proof of transmission to the Office and WIPO’s subsequent communication.
• After registration, compare the list in the International Register with the approved version.

An acknowledgement of receipt from the Office only shows that the proposal has arrived. Whether WIPO accepts it becomes clear only from its further communication or from the registration.

7. Preventing irregularities

Many objections can be avoided before filing. In eMadrid, WIPO offers a goods and services manager with pre-approved terms. According to WIPO, this reduces the risk of irregularities and provisional refusals. WIPO: classification and the goods and services manager

For terms not available there, the examination guidelines and the Nice Classification help. Allow time for translating the list and avoid open-ended catch-all terms. Even a list accepted by WIPO is examined by the designated offices under their own law.

Where external formalities support can help

IP Formalities supports firms, on their instructions, in classifying WIPO notices, recording time limits, comparing the terms objected to with the list of the basic mark and preparing a response proposal for approval. Tasks and approval responsibilities are agreed before work starts. The scope of protection is decided by the applicant and their representative.

For an initial discussion, the type of notice, the number of registrations affected and the intended timing are enough. Notices and lists are shared only in the agreed working environment. See temporary support and handover for the organisational approach.