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MADRID SYSTEM FOR THE INTERNATIONAL REGISTRATION OF TRADEMARKS
TABLE OF CONTENTS
• Introduction
• Objectives
• Madrid Agreement
• Madrid Protocol
• Comparison
• Procedure
• Advantages and Disadvantages
• Indian Perspective
• Conclusion
Registration at National Office
Registration at Regional Office
International Registration
INTRODUCTION• Due to globalization, focus is on international
market.
• Registration in Foreign Jurisdictions done by:
Madrid System
Madrid Agreement Concerning International
Registration of Marks
Protocol Relating to the Agreement
OBJECTIVESSimple, low cost
and effective system.
Facilitates obtaining of
protection for marks.
Since international registration is equivalent to a
bundle of national
registrations, subsequent
management of protection is
easier.
However, it is an INTERNATIONAL REGISTRATION FILING system, not intended to be a harmonization treaty or a registration treaty.
MADRID AGREEMENT
Features De-merits
Fixed Fees
Refusal Period
Working Language
Central Attack
20 year protection
Country of Origin
In 1891, under Article 19(2) of the Paris Convention, France, Switzerland, Tunisia, Spain, Belgium, entered in to an Agreement to achieve unification in the registration procedure of Trademarks on a global platform
MADRID PROTOCOL
• On June 27, 1989, during the Diplomatic Conference held in Madrid, the “Protocol relating to the Madrid Agreement Concerning the International Registration of Marks” was signed. The Protocol entered into force on December 1, 1995 and became operational on April 1, 1996.
• The Protocol does not purport to supersede the Agreement; the systems exist in parallel.
COMPARISON:
Madrid Agreement
Member : States
Basic Registration
Time for Refusal – 12 months
Fixed Fees
Working language- French only
Dependency
Madrid Protocol
States and Organizations
Basic Registration/Application
Time for Refusal – 18 months or extended even further
Individual Designation Fees
French, English, Spanish
Possibility of transformation
PROCEDURE
Office of Origin
International Bureau
Designated Contracting Party
Registration/Refusal
FEATURES OF FILING PROCEDURE
18 months
MERITS AND SHORTCOMINGS:
• One application, one fees, one language
• Less administrative hassles• Allows the right holders to target
national, regional or global market
Merits
• Limited members• No amendment of mark allowed• Consequence of ‘Central Attack’Shortcomings
INDIAN PERSPECTIVE
• Union Cabinet ratified India’s accession to the Madrid Protocol in 2007.
• Amendment to Trademark Act, 1999 and Rules.
• The Bill prescribes a period of 18 months within which a trade mark has to be registered.
• If an international registration originates from India the registered proprietor or applicant may make an international application on a prescribed form. If the person holds an international registration, he may make an international application on the prescribed form for such registration to any other contracting party.
CONCLUSION
• The Madrid Protocol has no doubt been a success.
• Amendments required.
• INDIAN PERSPECTIVE:
• Caution to avoid unnecessary predicaments.