Registration of Trademark is one of the important factor across the globe. And many foreign and domestic applicants are applying for its protection.
The Madrid Protocol agreement governs the International Trademark registration under which a mark can be registered internationally in multiple countries.
Also Read : Procedure For Registering Trademark In India ?
Certain countries have been declared as convention countries by India and accoreded similar privileges as those granted to the citizens of India. A person or a company from a convention country can apply for Trademark registration in India within 60 months of making an application in the home country.
- If accepted, such a foreign national will be deemed to have registered his/ her Trademark in India from the same date on which he or she made application in the home country.
- In case an application have been made for registration of trademark in more than one country, a period of 6 months would be reckoned from the date on which the earlier or earliest of those applications were made.
What is the eligibility criteria for International Trademark Registration
The following are the main requirement for obtaining international trademark in India?
- The applicant should be an Indian national or domiciled in India.
- The Applicant must have the real business in India.
- The Applicant must have Trademark application/ trademark registration of your home country. It will be used as the basic mark for the International registration.
- The applicant must choose one or more countries which are member countries of the Madrid Protocol Agreement.
What is the procedure for filing an International Trademark Application
- The Trademark Application/ registration of home country is known as a basic mark which is submitted with the international Trademark Application.
- An International Trademark application needs to be filed through the office of origin along with the basic mark application/ registration. Te application is forwarded to WIPO after certifying the international application.
- The WIPO formally examine the international application, if approved, the mark will record in the international register and publish in t5he WIPO Gazette. After which they issue a certificate of registration and notify the contracting IP offices.
- The Trademark offices in which you want to protect you mark will conduct further substantive examination under domestic law. Within 12 to 18 months either grant or refuse the Trademark protection. The decision of the cou8ntries will not affect the decision of other designated countries.
What are the benefits of filing international Trademark Application under the Madrid protocol?
- Madrid Protocol is a one stop solution to obtain trademark protection in multiple markets.
- Outweigh the costs of the international registration as compared to individual foreign filings.
- Subsequent changes like renewal, change of name or address or ownership are cost effective with single procedure and fee payment. It is time efficient bas well.
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