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Madrid Protocol in India - International Trademark Registration

The Madrid System for the International Registration of Marks, briefly termed as the "Madrid System", is a globally famous system for registration of trademarks and service marks in 90+ countries worldwide, just through filing a single application with one set of fees, replacing completely their individual registration requirements and separate fees. This system of the international registration of marks got developed from the combination of the Madrid Agreement of 1891 and the Madrid Protocol of 1989, and became fully operative from April 01, 1996. As of June 20, 2015, this Madrid System or Madrid Protocol had 94 countries as its members, including India. India became its 90th member on July 08, 2013. This well-drafted webpage offers exclusive and hugely informative information about the madrid protocol in india, to help Indian people and companies in extending their respective businesses to countries worldwide. The International Bureau of WIPO, located in Geneva (Switzerland), administers this magnificent international registration system of trademarks and service marks pertaining to all 45 classes of the Nice classification.

With help of this madrid system, both registration and maintenance of marks in the countries members to it, have become rather easy, convenient, and cheap. The registration and protection of marks in several or all contracting countries to this madrid protocol are accessible just through filing a single application with the domestic trademark office in a single language (English), and with a single set of reasonable fees. Again, the owner of a trademark/service mark registered under this international registration system just has to renew only one registration in every ten-year period to continue trademark rights in these all countries, or is required to perform just a single procedure to make any changes in the mark listed in the International Register.

The Chapter IV A (created as per the Amendment to the Act in 2010) of the Indian Trade Marks Act of 1999, deals exclusively with the provisions and requirements for international registration of trademarks and service marks under the Madrid system, in its Sections ranging from 36A to 36G. For detailed information, readers may visit: http://www.ipindia.nic.in/tmr_new/tmr_act_rules/TM_Amendment_Act_2010.pdf

International Registrations Under Madrid Protocol

Now, Indian entrepreneurs and companies are well-facilitated to obtain international registrations under madrid protocol, in order to extend their respective businesses to many or all contracting countries of this madrid system, just through filing a single International Application with any concerned zonal Trade Mark Office of India. The entire procedure for obtaining registration and protection of one's trademark/service-mark in several or all contracting countries to the madrid system of international trademark registrations, may broadly be divided into the following three phases or stages:
  • Phase I: Basic Application/Registration in India
    Presence of a previously filed or registered trademark/service-mark with the relevant zonal trademark office of India, is pre-requisite for filing the international application under the madrid protocol. After receiving any such international application, the domestic Indian trademark office will then verify the contents of the application with help of the previously filed or registered basic application or basic registration of the specified trademark. Then, after getting satisfied with the perfectness and suitability of the specified trademark for Indian and international registrations under madrid system, the Indian trademark office will then forward the international application to the International Bureau of WIPO located in Geneva, for further processing.
  • Phase II: Examination and Approval by WIPO
    After receiving the forwarded international application from the Indian trademark office, the International Bureau of WIPO examines the formal requirements and suitability for the international registration of the application. In case of perfectness and full suitability of the application, the bureau records the application in the International Register, and publishes the same in the WIPO Gazette of International Marks, along with notifying about the application to the targeted contracting countries by the applicant. But, in case, there are some flaws or irregularities in the application, these are promptly informed to the applicant, giving him a period of Three Months for remedies to satisfaction to the bureau. The targeted foreign countries by the applicant are then requested to conduct thorough and critical examination of the forwarded application as per their respective trademark rules and regulations, and then submit their individual report within 12 to 18 months to the international bureau of WIPO.
  • Phase III: Subsequent Examination and Approval of the Trademark Office of each Targeted Contracting Country
    In the final stage, the application will then pass through substantive and critical examination at the trademark office of each designated country, as if the application were filed directly with the relevant office for registration. Then, these designated countries notify their respective acceptance or refusal to the WIPO with the prescribed time limit (12-18 months). If the application got acceptance of all designated countries, then, the same would be registered under the madrid system for 10 years, issuing a statement of grant. But, in case of refusal from any designated contracting country, all processes subsequent to the refusal (responses, hearing, appeal, prosecution, etc.), are to be carried out directly between the applicant and the concerned member country to madrid system, without any involvement of WIPO.

To avail our well-informed and expert legal services for international registrations of trademarks under the madrid system, Indian people and entities may call over: +91-8800-100-281; or send queries or mail to: Contact@TrademarksIndia.net.