The Madrid Protocol Agreement governs the international trademark registration under which a mark can be registered internationally in multiple countries.
Certain countries have been declared as convention countries by India and accorded similar privileges as those granted to the citizens of India. A person or company from a convention country can apply for trademark registration in India within 6 months of making an application in the home country.
The following are the main requirements for obtaining the international trademark in India:
International Trademark Registration process under the Madrid Protocol:
The trademark application/ registration of home country 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 (the trademark office of the applicant) along with the basic mark application/ registration. The application forward 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 the WIPO Gazette. After which issue, a certificate of registration and notify the contracting IP offices.
The trademark offices in which you want to protect the mark will conduct a further substantive examination under domestic law. Within 12 or 18 months either grant or refuse the mark protection. The decision of the country will not affect the decision of other designated countries.
Trademark Registrations is one of the most critical safeguards businesses should avail in India. Till date, many foreign and domestic applicants have successfully registered their marks in India and Indian courts have upheld and granted favourable decisions to the rights holders. Additionally, businesses should implement additional strategies for protecting their trademarks, some of which are mentioned below:
Potentially significant savings as an international registration through Madrid Protocol is time effective as well.