Fling A Trademark Under The Madrid Protocol in India | Madrid Trademark in India | Madrid Trademark Filing in India | Madrid Trademark Registration in India | International Trademark Application under Madrid Protocol in India
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The Madrid Protocol provides a streamlined process for trademark registration in multiple countries through a single application, easing the complexity of international trademark protection. Applicants from India must be citizens, domiciled, or have a business in India, and their application is submitted to the WIPO via the Indian trademark registry. Once submitted, the application undergoes review, and if approved, it is published, allowing designated countries to grant trademark protection for a duration of twenty years, with processes in place for addressing objections.
Fling A Trademark Under The Madrid Protocol in India | Madrid Trademark in India | Madrid Trademark Filing in India | Madrid Trademark Registration in India | International Trademark Application under Madrid Protocol in India
- 1. A GUIDE TO FILING AN APPLICATION UNDER THE MADRID PROTOCOL Angela Dsouza contact@intepat.com www.intepat.com
- 2. WHAT IS THE MADRID PROTOCOL? The trademark law of any country provides for the registration and protection of trademarks in that respective country. However, registration of a trademark under such law guarantees protection only within the territorial limits of that country. As a consequence, a trademark protected in one country goes unprotected in another nation, unless a separate application is filed in every other country. www.intepat.com
- 3. However, bringing relief from this herculean task is the Madrid Agreement (1898) and the Madrid Protocol (1989). These are administered by the International Bureau of the World Intellectual Property Organization. The Madrid Protocol aims for convenience in the system of registration of marks internationally. You can now file a single application and register your trademark in different countries simultaneously. www.intepat.com
- 4. WHAT ARE THE BENEFITS OF THE MADRID PROTOCOL? The Madrid Protocol proffers several benefits. The primary one is that a single application can cater to the registration of the trademark in several countries. In addition to this, the application has to be filed in only one language: English, French or Spanish. You will have to pay only a single set of fees. In addition, there will be only one registration number and only one renewal date. Also if you wish to make any changes in your trademark registration in the future, you can do it through a single application. www.intepat.com
- 5. HOW DO YOU FILE AN APPLICATION To file an application under the Madrid Protocol through India, a person should be a citizen of India or should be domiciled in India or should have a real and effective business in India. Therefore, India will be the country of origin. The international application will be presented to the WIPO by the office of origin, in this case the Indian Trademark Registry. It has to be presented on the official form and in one copy and should be signed by the office of origin. www.intepat.com
- 6. WHAT HAPPENS NEXT? Once the application is submitted to the Trade Mark Registry, the Registry will review and certify your application and then submit it to the WIPO. Next, the WIPO does a formality check of the international application. If there are no issues, then the mark is registered and published in the WIPO gazette. The mark is then forwarded to the Designated Contracting Parties i.e. the countries where you want your trademark to be registered. www.intepat.com
- 7. Now the Designated Contracting Parties will review the application as per their national law. In the event of any opposition or objection, the provisional refusal is communicated to the WIPO who then communicates it to the trademark holder. The Registries of the Designated Contracting parties also entertain responses from the holders. www.intepat.com
- 8. If there is no objection or the objections have been waived off, the Designated Contracting Party will grant protection to the trademark as a mark registered with their office. This protection will be for a duration of twenty years after which it has to be renewed. www.intepat.com
- 10. WHAT IF THERE IS AN OBJECTION? There is a complete procedure laid out for responding to objections and oppositions. In the event of any opposition or objection, the same is communicated to the WIPO who in turn, informs the Office of Origin, which in your case is the Indian Trademark Registry. The Trademark Registry will then communicate the same to the applicant, who will then have a month to respond to them. Based on the response, appropriate action will be taken.
- 11. Intepat IP Services Private Limited No:8, 1st Floor, 15th Cross, 100 Feet Ring Road, JP Nagar 6th Phase Bangalore – 560078, India Email: contact@intepat.com Web: www.intepat.com Tel: 080-42173649