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    International Trademark Registration

    The International Trademark registration system is called the Madrid system or Madrid Protocol.    

    Madrid Protocol

    The system of international trademark registration is governed by the Madrid Protocol which came into operation in 1996 and the Madrid Agreement which dates from 1891. Under the Madrid Protocol, an application for International Trademark Registration through the trademark office of the applicant (“office of origin”) is to be filed to register a mark in multiple countries.

    International Trademark Registration Process

    Trademark Registration Process | Source: WIPO

    Under International the Madrid Protocol the International trademark registration application must be filed by the trademark applicant through the trademark office of the applicant, know as the office of origin. The Office of Registrar of Trademark in India is the office of origin In case of Indian Businesses, The Intellectual Property Organization at Geneva file the office of origin will process the trademark application and

     The trademark application was found fit, then the mark was recorded in the International Register and published in the (WIPO) Gazette of International Marks. The International Bureau then furnish a certificate of international registration and apprise every one  of the country contracting to the Madrid Protocol for which preservation  has been requested by the trademark applicant. Each of the country’s trademark office has the right to decline protection of the mark by notifying to the International Bureau within the time limits specified in the Madrid Protocol. The Madrid Protocol has set strict time limits of 12 or 18 months for exceptions to be raised by the designated offices.

    Any objection to registration of the trademark must be made to the International Bureau in the prescribed format. If there are no refusals by any of the country, then the protection of the mark in each of the country is the same as if it had been registered by the Office of that country.

    Under the Madrid Protocol   An international trademark is registered .It is registered for 10 years. It can be renewed at the end of the 10 year period directly through WIPO or through the concerned office of origin.

    Requirements for Obtaining International Trademark Registration

    There are three main requirements for obtaining an international trademark registration in India:

    • The applicant should be a national of India or domiciled in India or have real and effective commercial or business establishment or entity in India.
    • The applicant should have a national (Indian) trademark application or registration of a trademark with the Indian Trade Marks Registry. This national trademark application/registration will be used as the ground for the international application. The international application shall have the same or identical trademark as mentioned in the national trademark application or registration; The list of goods and services mentioned in the international application must also be same or identical with the national mark.
    • The applicant of the international application must choose one or more other member countries of the Madrid Protocol, where the applicant wants to protect his trademark.

    Countries That Protect International Trademark Registrations

    The following countries are parties to the Madrid Protocol. Hence, an International Trademark shall be afforded protection in the following countries:

    1. African Intellectual Property Organization (OAPI)
    2. Albania
    3. Algeria
    4. Antigua and Barbuda
    5. Armenia
    6. Australia
    7. Austria
    8. Azerbaijan
    9. Bahrain
    10. Belarus
    11. Belgium
    12. Bhutan
    13. Bosnia and Herzegovina
    14. Botswana
    15. Bulgaria
    16. Cambodia
    17. China
    18. Colombia
    19. Croatia
    20. Cuba
    21. Cyprus
    22. Czech Republic
    23. Democratic People’s Republic of Korea
    24. Denmark
    25. Egypt
    26. Estonia
    27. European Union
    28. Finland
    29. France
    30. Georgia
    31. Germany
    32. Ghana
    33. Greece
    34. Hungary
    35. Iceland
    36. India
    37. Iran
    38. Ireland
    39. Israel
    40. Italy
    41. Japan
    42. Kazakhstan
    43. Kenya
    44. Kyrgyzstan
    45. Latvia
    46. Lesotho
    47. Liberia
    48. Liechtenstein
    49. Lithuania
    50. Luxembourg
    51. Mexico
    52. Monaco
    53. Mongolia
    54. Montenegro
    55. Morocco
    56. Mozambique
    57. Namibia
    58. Netherlands
    59. New Zealand
    60. Norway
    61. Oman
    62. Philippines
    63. Poland
    64. Portugal
    65. Republic of Korea
    66. Republic of Moldova
    67. Romania
    68. Russian Federation
    69. Rwanda
    70. San Marino
    71. Sao Tome and Principe
    72. Serbia
    73. Sierra Leone
    74. Singapore
    75. Slovakia
    76. Slovenia
    77. Spain
    78. Sudan
    79. Swaziland
    80. Sweden
    81. Switzerland
    82. Syrian Arab Republic
    83. Tajikistan
    84. The former Yugoslav Republic of Macedonia
    85. Tunisia
    86. Turkey
    87. Turkmenistan
    88. Ukraine
    89. United Kingdom
    90. United States of America
    91. Uzbekistan
    92. Vietnam
    93. Zambia
    94. Zimbabwe

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