MADRID SYSTEM
FOR THE INTERNATIONAL REGISTRATION OF MARKS (THE MADRID SYSTEM):
The Madrid
System functions under the Madrid Agreement (1891) and the Madrid Protocol
(1989). It is administered by the International Bureau of the World
Intellectual Property Organization (WIPO) located in Geneva, Switzerland. The
system enables the registration of trademarks in multiple jurisdictions
worldwide that are part of Madrid Union’s 91 member countries by filing a
single application in the Applicant’s national trademark office, or regional
trademark office.
What
is Madrid Protocol
The Madrid
Protocol is an international trademark
filing system that provides a cost-effective and efficient way for
individuals and entities to secure protection for their marks in multiple
countries by filing one application with the Indian Trademark office. At present, there
are a total of ninety one Contracting parties that are members of the Protocol.
The list of members of the Madrid Protocol may be accessed here.
Process
of International Registration Under Madrid Protocol
An
international application may be made under Madrid Protocol by any person or
entity that has an active trademark application or a valid trademark registration in India. Upon making
an international application, the trademark is entered into the International
register of trademarks pursuant to which subsequent filings are
facilitated in any of the member countries. While the international application
is dependant on the validity of the trademark in India for the first five
years, the mark is entered into the International Register within 3-10 months
of such application. Simultaneously, upon application the mark is processed for
filing in the member countries specified in the application which can be made
at the time of filing the International Application or at a later stage. Once
processed for filing in the member countries, the application proceeds for
registration based on conditions prevalent in each member country within 18
months.
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