Ashwin Julka and Bisman Kaur at Remfry & Sagar examine the procedural intricacies of the Madrid Protocol and what it means for India
On 8 April India acceded to the Madrid Protocol, introducing a procedure to register trademarks involving one office, one application and one currency with potential coverage across 90 territories.
Deconstructing the protocol
To start things off, Indian applicants (individuals or businesses that are nationals of, domiciled in, or have a commercial establishment in the country) must have a home trademark application or registration – the basic application/registration. Thereafter, an international application designating countries of interest may be filed at the Indian Trademark Office. This will be sent to the World Intellectual Property Organization (WIPO) after ensuring there are no discrepancies with the basic application.
Once WIPO is satisfied that Madrid filing requirements are met – it usually checks for classification of goods and services, requisite fee, etc., – it will register and publish the trademark in the WIPO Gazette of International Marks. Intimation of the Madrid registration will then be sent to the national offices of the designated countries.
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Ashwin Julka is the managing partner at Remfry & Sagar and Bisman Kaur is a senior attorney at the firm.