1 of 10

Slide Notes

Madrid Protocol - International Trade Marks

Filing International Trademark Application Under Madrid Protocol: 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.
DownloadGo Live

Madrid Protocol

Published on Nov 19, 2015

No Description

PRESENTATION OUTLINE

Madrid Protocol

International Trade Marks
Madrid Protocol - International Trade Marks

Filing International Trademark Application Under Madrid Protocol: 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.
Photo by villoks

Madrid Agreement & Madrid Protocol

Governing Treaties
Madrid Agreement & 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.
Photo by muffinn

Office of Origin

To Receive International Applications
Office of Origin - To Receive International Applications

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

Office of Designated Contracting Party

To Get Notified About International Registrations
office of the designated contracting party - To Get Notified About International Registrations

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.

Madrid Protocol

  • International Application Filing with Designation of Countries
  • Verification by Office of Origin
  • Publication by WIPO
  • WIPO notifies Designated Countries
  • Examination by Designated Countries
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 Protocol

Filing Trademark Applicaiton in India
Madrid Trademark Application in India
The Indian Trademark Office is authorized to receive an international trademark application under Madrid Protocol.

International Trademark - Requirements

  • Eligible Applicant
  • Existing National Trademark Application
  • 1+ Designations
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.
Photo by jordan_lloyd

Documents Required

  • Application Form
  • Power of Attorney
  • Paymenf of Handling Fee
  • Payment of International Fee in Swiss Francs (CHF) directly to IB
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.
Photo by jordan_lloyd

Role of Office of Origin

  • Verification of Application
  • Certification of Application
  • Transmission to WIPO
  • Receiving Irregularities from WIPO (if any)
  • Communication regarding basic application
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.
Photo by jordan_lloyd

Get in Touch

http://www.techlaw.attorney

Technology Laws and Intellectual Property Rights Affecting International Business
Photo by The U.S. Army