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GUIDELINES FOR
FOR FUNCTIONING UNDER THE MADRID PROTOCOL, Under the…
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Under the Madrid Protocol, a mark can be protected in many jurisdictions by filing an application for international registration. Such application is presented to the International Bureau of the World Intellectual Property Organization at Geneva, through the office of origin i.e. the trademark office of the applicant.
Unless such a refusal is notified to the International Bureau within the applicable time limit, the protection of the mark in each designated Contracting Party is the same as if it had been registered by the Office of that Contracting Party
Where the application complies with the applicable requirements, the mark is recorded in the International Register and published in the WIPO Gazette of International Marks.
The International Bureau then notifies each Contracting Party in which protection has been requested whether in the international application or subsequently
Each designated Contracting Party has the right to refuse protection of mark by so notifying to the International Bureau within the time limits specified in the Madrid Protocol.
The applicant desiring to file an application for international registration of trademark under the Madrid Protocol through India, must be able to meet one of the following three criteria
The applicant should be a national of India, or
• The applicant should be domiciled in India, or
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GUIDELINES
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PART A:
INDIA, AS THE OFFICE OF ORIGIN
After accession to the Madrid Protocol, the Trade Marks Registry (TMR) office of India will have two fold responsibilities-
As an office of the designated contracting party the Indian TMR shall be notified about the international registrations in which India has been designated, this office shall record the particulars of such international registrations, examine it in accordance with the provisions of the Trade Marks Act & Rules.
In case an objection is found during the examination of such international registration or an opposition is received after publication, this office shall communicate a provisional refusal (on the basis of examination or on the basis of opposition, as the case may be) to the International Bureau of WIPO.
This office shall duly consider response to provisional refusals and process it as per Trade Marks Act & Rules.
After completion of all the procedures, this office will either withdraw the provisional refusal or confirm the same fully or partly and shall give protection to the international registration in India accordingly and shall send the notification to the International Bureau to that effect.
The TMR shall also keep updating renewal of international registration and changes made therein as and when notified by the International Bureau of WIPO.
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An international registration remains dependent on the mark registered or applied for in the Office of origin, for a period of five years from the date of its registration.
If, and to the extent that, the basic registration ceases to have effect within this five-year period, the international registration is no longer protected.
An international registration subsists for the period of 10 years from the date of its registration and it may be renewed further by paying renewal fee before the expiry of every 10 years.
As an office of origin it will receive International Applications, verify that such applications are in conformity with the provisions of the Madrid Protocol and if the International Applications are proper the office will certify and transmit such applications to the International Bureau of WIPO.
If any irregularity is found by the International Bureau of WIPO in any International Application transmitted from the TMR, it notifies such irregularities to the applicant (or his representative) as well as to the
TMR. The applicant is required to correct the irregularities.
The TMR will respond to notification of irregularities by the International Bureau. If the basic registration or the basic application (on the basis of which the International Application was filed and transmitted to the International Bureau of WIPO) ceases to be in existence within the period of 5 years from the date of international registration, the TMR will communicate this fact to the International Bureau of WIPO.
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