A lot has been written about Trademark registration in India and its process, let us now try to understand how one can go for International Trademark registration outside India or foreign countries. One such way to reach out is Madrid Protocol.
Let us begin with what exactly Madrid protocol means and how one can use this for International Trademark Registration.
The Madrid System for the Registration of a Trademark at an International level as it is governed by the Madrid Agreement, concluded in 1891. Whereas the Protocol relating to the Agreement was concluded in 1989. The Madrid system helps in protecting a mark in various countries by obtaining an international registration.
What is Madrid Protocol?
The Madrid Protocol is a treaty which comprises the Madrid System for international registration of trademarks. It helps in registering a trademark in a cost-effective way for the holders, for example the individuals and businesses to ensure the protection for their marks in different countries through the filing of one application in a single office and in one language also with one set of fees, in one currency.
For the trademark registration through Madrid there is no requirement for the local agent to file the application in selected foreign country. When finally the International Registration is issued, it is the right of each of the country or contracting partyfor providing protection to determine whether protection for applied mark may be granted.
If the trademark office in the designated country grants protection then the mark will be protected in that country just as same as that office had registered it. The Madrid Protocol simplifies the management of the mark, as you can see the simple steps to record the subsequent changes in ownership or in the name or address of the holder with World Intellectual Property Organization’s (WIPO) International Bureau. The International Bureau manages the Madrid System and also it coordinates with the transfer requests for protection, renewals all kinds of the other relevant documents and information provided by the members.
Countries part of Madrid protocol for International Trademark Registration
Effects of an International Trademark Registration
The main effects of the international registration by the each designated Contracting Party is from the date of the international registration. If no refusal is issued within the applicable time limit, or if the refusal is originally notified by the Contracting Party is subject to subsequently withdrawn, the protection of the mark is, from the date of the international registration, the same as if it had been registered by the office of that Contracting Party.
An international registration is effective valid for 10 years. It may be further renewed for further periods of 10 years by the payment of the prescribed fees.
Protection may be either limited with regard to all of the goods or services or may be renounced with regard to some only of the designated Contracting Parties. An international registration can be easily transferred to the designated Contracting Parties with an option of all or some of the goods or services indicated.
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Advantages of the Madrid System
The Madrid system offers numerous advantages to trademark owners. Instead of filing a separate national application in each countryand also in several different languages, in accordance with different national or regional procedural rules and regulations and paying several differentfees, an international registration can be easily obtained by simply filing one application with the International Bureau and also in one language which is either English, French or Spanish and also paying only one set of fees.
Similarly there are advantages which exist for themaintenance and renewing of the registration. Likewise, if the international registration is assigned to a third party, or is otherwise changed, such as a change in name or the address, this might be recorded with effect for all the designated Contracting Parties by the single means of procedure.
The Madrid Agreement and Protocol are open to any State party to the Paris Convention for the Protection of Industrial Property (1883). The two treaties are parallel and independent, and States may follow either or both of them. In addition to an intergovernmental organization that maintains its own office for the registration of marks may become party to the Protocol.
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