Filling a Trademark under Madrid Protocol in India
The Madrid Protocol provides a platform to the trademark owner to seek registration in the countries that have joined the Madrid Protocol, by filing a single application (currently, over 90 countries are members of this treaty). The alternative way to seek registration is to file an individual application in each country, this onerous and expensive process has been mitigated to a large extent after India become a member of the Madrid Protocol. Many other countries are now planning to join this treaty in the coming future. Madrid Protocol is administered by the International Bureau of the World Intellectual Property Organization (WIPO) located in Geneva, Switzerland. Madrid Protocol facilitates a very convenient and cost-effective way of obtaining trademark protection worldwide.
Basic Requirements for filling a Trademark application
To file an application under the Madrid Protocol through India the following things are mandatory:
- Application must be filed in India under the same Trademark name;
- Owner/Applicant must be an India citizen;
- Should be domiciled in India;
- Should have a real and effective business in India;
Process of Registration
After submitting the application to the Trade Mark Registry, the Registry will do the primary examination of your Mark and certify your application and then it will be submitted to the WIPO. Now, WIPO will do the formality check of your application and if there is no objection, then the mark shall be registered and published in the WIPO Gazette. After that, your mark will be forwarded to the Designated Contracting Parties i.e. the countries where you seeking registration.
Now the Designated Contracting Parties will examine your application as per their national law. If any opposition/objection raised, then the provisional refusal will be communicated to the WIPO and then WIPO shall communicate it to the Owner/Applicant.
If there is no objection or the objections have been cleared by the parties and the respective offices of the countries, then the Designated Contracting Party shall grant protection to the trademark as a mark registered with their office. This protection will be for a duration of ten years after which it has to be renewed.