The International Trademark registration system is called the Madrid system or 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:
- African Intellectual Property Organization (OAPI)
- Antigua and Barbuda
- Bosnia and Herzegovina
- Czech Republic
- Democratic People’s Republic of Korea
- European Union
- New Zealand
- Republic of Korea
- Republic of Moldova
- Russian Federation
- San Marino
- Sao Tome and Principe
- Sierra Leone
- Syrian Arab Republic
- The former Yugoslav Republic of Macedonia
- United Kingdom
- United States of America