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.
