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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Madrid Application Procedure
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.
Intepat IP Services Private LimitedNo:8, 1st Floor, 15th Cross,
100 Feet Ring Road, JP Nagar 6th PhaseBangalore – 560078, India
Email: [email protected] Web: www.intepat.com Tel: 080-42173649
