MADRID PROTOCOL BECOMES EFFECTIVE IN INDIA

Making a significant progress in the area of Trademark Law, on April 8, 2013 India became the 90th member of Madrid Protocol which is effective in India from July 8, 2013 as per Information Notice No. 15/2013.

WHAT IS MADRID PROTOCOL

Madrid Protocol is a Treaty that provides for the International Registration of Trademarks by filing a Single Application in one language for ensuring registration in several countries. The Madrid Protocol, along with the International Treaty called the Madrid Agreement governs the Madrid System for the International Registration of Trademarks. The system is administered by the International Bureau of the World Intellectual Property Organization (WIPO), which maintains the International Register of Trademarks.

AMENDMENT OF TRADEMARK LAW (EFFECTIVE FROM JULY 8, 2013)

The Trade Marks (Amendment) Rules, 2013 introduces Chapter III A to the existing Trade Marks Rules, 2002 relating to 'Special Provisions for Protection of Trademarks through the International Registration under the Madrid Protocol'.

This comes as a cost effective step for any natural person or legal entity which has a real and effective industrial or commercial establishment in, or is domiciled in, or is a national of India and has got a registration of Trademark in India, as this system will allow an applicant to make an Online Application for the International Registration of Trademark under the Madrid Protocol.

This system is advantageous to an applicant as now an International Registration may be obtained by simply filing a single application with the International Bureau of the WIPO in a single language and on payment of single set of fees.

These advantages also exist for renewals and for recording of transactions.

Thus by making an Online Application, an Indian Applicant can make an application for registration of Trademark in as many as 89 countries apart from India and hence it implies that the Trademark owners can get their trademarks protected in the Indian jurisdiction as well as in the jurisdiction of the 89 other member countries through a single application.

The list of Contracting Parties to the Protocol can be found at http://www.wipo.int/treaties/en/ShowResults.jsp?lang=en&treaty_id=8