Procedure for an international application under the Madrid Protocol:
Trademark registration, Upon India is a signatory to the Madrid Protocol, the applicant, while making an international application to the National Office on Form MM2, may select from the list of the member countries where he seeks the protection of the mark. brand registration, trademark, trademark registration, trademark application trademark search, trademark fees, online trademark search, domain name,
global trademark registration The application form may be filled out in English, French or Spanish and is subject to the payment of a basic fee, the complementary fee for each designated Contracting Party (member country) and a supplementary fee for each class of goods and services. Such fee may be payable to WIPO directly or the Office of Origin which may charge an additional handling fee, and thereafter the following procedure will be followed-logo registration,
1. The Office of Originators in the country of origin examines whether the international application corresponds to a mandatory basic application or basic registration and complies with home state requirements.
A Basic application defined under Section 36 B (b) of the Trade Marks (Amendment) Act, 2010 is an application for registration of a trademark filed under Section 18 of the Act, and which is used as a basis for applying for an international registration. Basic registration defined under Section 36 B (c) is the registration of a trademark under Section 23 of the Act, and which is used as a basis for applying for an international registration.
The Office of origin must certify that under Article 3 (1) of the Protocol the mark is the same mark as that in the basic registration, or basic application, certify the initial date on which it received the request to present the international application.
2. The application should be received by the International Bureau from the Office of Origin [Article 3 (4) of the Protocol] within two months of that initial date of receipt of the application by the Office of Origin, that initial date will be the date of the international registration. The International Bureau examines that the international application complies with the requirements of the Madrid Agreement or Protocol, Common Regulations concerning the implementation of the Protocol, the indication of goods and services and their classification, required fee payment and other basic administrative requirement.
The International Bureau informs the Office of origin and the applicant of any irregularities; these must be removed within three months, otherwise the application will be considered abandoned. On successful examination the International Bureau then Records the mark in the International Register, publishes the mark in the Gazette, and notifies each contracting party or member country that are the designated countries listed in the application, asking for their consequent approval, and granting of registration.
3. On further examination of the Office of a Contracting Party in the exact procedure adopted for a direct national application, if grounds for objection are found during the ex officio examination, or if an opposition is filed, the Office can declare a provisional refusal (within 18 months of receipt of the application’s notification from the International Bureau for India) for protection of the mark in that member country.