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Replying to Provisional refusal in India under Madrid Protocol * International Trademarks & Brand Protection- Madrid Protocol System

Trademark filing under Madrid System in India|Madrid Protocol System in India| Myth about International Brand Trademark Protection

Provisional refusal in India under Madrid Protocol Services by Indian trademark lawyers and trademark attorneys.

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Provisional refusal in India under Madrid Protocol Services

Provisional refusal in India under Madrid Protocol: Although, it is not possible to register a particular brand as “International Trademark”, the Madrid Protocol system provides an easy solution to the companies and individuals if the country in which they want to register their trademark has signed up the the Madrid Protocol. India signed up for Madrid Protocol With WIPO in the year 2013. Madrid System, including Madrid Agreement and Protocol relating to Madrid Agreement, is an international treaty to facilitate international registration of trademarks and management of trademark applications worldwide.

How Madrid Protocol Trademark System Works in Favour of  Brand & Trademark Owners

File & register your trademark in your home country, for example resident of India will file trademark in India first and subsequently able to secure wider trademark protection globally. Once the Indian trademark application is filed before the Indian Trademark Office, you can extend your trademark registration in other countries by using a single trademark application. The details of the single trademark application should include desired countries in which you want to seek trademark protection. Remember, the countries designated should also be party to the Madrid system.

Overall costs for filing trademark under Madrid protocol will depend on the applicable official government fees of the designated countries in which you are applying to register your trademark brand, and the number of trademark classes.

Filing International Trademark Applications Under Madrid Protocol With WIPO – Procedure, Cost and Requirements for Indian Trademarks

 

Madrid Agreement and Madrid Protocol – Governing Treaties


The treaties provide an easy and cost effective way of filing international trademarks. Once the trademarks are registered by respective designated offices, the Madrid protocol further provides simple procedures to manage international registrations.

Provisional refusal in India under Madrid Protocol: Office of Origin

The trademark office that receives application under Madrid protocol is known as office of origin.

Provisional refusal in India under Madrid Protocol: Designated Offices

The trademark applicant can designate one or more trademark offices as contracting party, which is then notified about filing of trademark application under Madrid protocol by WIPO.

Provisional refusal in India under Madrid Protocol: Madrid Protocol Application – General Procedure

Usually, once the international trademark application is filed with designation of countries with the office of origin, the contents of said application are verified by said office of origin. Once done, the application is forwarded to WIPO, which is then published by WIPO and subsequently, WIPO notifies all the designated offices. Thereafter, each designated office examines the trademark application as per respective trademark laws, rules and procedures.

Madrid Trademark Application in India

The Indian Trademark Office is authorized to receive an international trademark application under Madrid Protocol.

Madrid Trademark Application in India – Requirements

The basic criteria to file Madrid Trademark Application in India requires applicant to be eligible to file said trademark application, which essentially requires the applicant to be an Indian national or having a place of business in India. In addition, the Indian trademark office requires an existing trademark application, known as the basic application, and designation of one or more countries wherein international trademark protection is required.

Documents Required for Filing Trademarks in India

The Indian Trademark Office requires an international trademark application under Madrid Protocol to be accompanied by an application form, power of attorney, payment of handling fee, and payment of international designation fee (in Swiss Francs) payable to WIPO.

Madrid Trademark Application – Role of Office of Origin

During the process of receiving an application for international trademark registration under Madrid System, the office of origin plays an important role. After receiving the application, the office of origin verifies the contents, certifies the application and forwards it to WIPO for publication and notification to designated offices. Subsequently, the office of origin receives details of irregularities in the application, if any, and further communicates with WIPO regarding status of basic trademark application.

 

 

Patent Advocates & Indian IPR Attorneys

Leading IP firm in India with a team of experienced patent strategy consultants who assist startup businesses with patent filing, patent drafting, & protection of trademarks internationally under madrid protocol. Most recommended full service Intellectual Property & Commercial Patent Law firm in India. Direct representation of parties before WIPO and IPO, Coordination and management of Global IP Prosecution and Litigation matters with patent lawyers worldwide, Global IP Strategy and development of Intellectual Assets, Drafting, reviewing and negotiating IP and Technology Agreements (Licensing, Technology Transfer and Collaboration Agreements), Strong patent claim drafting, preparation and prosecution skills for international applications filed before USPTO, EPO, WIPO, UKIPO, MyIPO, IP Australia, & IPOS.