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​Madrid Protocol and India



  May 09, 2024

​Madrid Protocol and India



Q1: What is the Madrid Protocol?

A1: The Madrid Protocol is an international system for the registration of trademarks, allowing a trademark owner to seek protection in multiple countries by filing a single application through their national or regional trademark office.

Q2: How does the Madrid Protocol function in India?

A2: India joined the Madrid Protocol in 2013. Indian businesses can file a single international application in one language and pay one set of fees to apply for trademark protection in up to 123 countries. Similarly, foreign entities can designate India in their international applications.

Q3: What are the advantages of using the Madrid System in India?

A3: The primary benefits include cost-effectiveness in managing multiple territorial registrations, ease of handling subsequent changes like ownership transfer through a single administrative process, and the streamlined process of renewing the trademark registration.

Q4: What provisions does the Indian Trade Marks Act include for the Madrid Protocol?

A4: The Trade Marks Act, 1999 was amended to include Chapter IV A, which details the procedural requirements for international registration under the Madrid Protocol. This includes the examination of trademarks as per Indian laws and reporting results to the International Bureau of WIPO.

These FAQs provide a concise overview of the Madrid Protocol as it applies to trademark registration and protection within India and internationally for Indian businesses.


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