Filing Madrid Trademark Application in India
In a previous blog post, we have already discussed at length about the pros and cons of the Madrid Protocol. The recent debacle of Apple Inc. losing out to a local Chinese firm has again highlighted the need to protect trademarks under the Madrid Protocol. However, there are a lot of questions and myths about filing Madrid trademark application in India under the Madrid Protocol. Today, we probe into these questions and bring to you your very own guide for filing Madrid trademark application in India and registering a trademark under the Madrid Protocol.
Today, Mr. Adham Bousaid paid a visit to the Intepat Office. Mr. Bousaid is a businessman primarily based is Israel. Recently he has entered into the hospitality business in India and runs a chain of hotels and resorts under the name Almas Fondoq International. He wishes to open a couple of hotels in other countries as well. We had a chat with him wherein we spoke to him about the Madrid Protocol and registration of trademarks under it.
Mr. Adham Bousaid (AB ): Angela, I have recently started a chain of hotels in India and I wish to register the name as a trademark. However, I also want to register it in other countries as well. Is there a way out for that?
Angela (A): Sir, in how many countries do you intend to set up your hotels?
AB: I am not sure yet, but at least in Iran, Turkey, and Israel.
A: Sir, if it were for only one country, I would have advised you to file a separate application for registration of a trademark. However, since you plan to expand your business across nations, I would advise you to file and register your trademark under the Madrid Protocol.
AB: Madrid Protocol? What's that now?
A: Sir, the trademark law of any country provides for the registration and protection of trademarks in that respective country. However, registration of a trademark under such law guarantees protection only within the territorial limits of that country. As a consequence, a trademark protected in one country goes unprotected in another nation, unless a separate application is filed in every other country.
However, bringing relief from this herculean task is the Madrid Agreement (1898) and the Madrid Protocol (1989). These are administered by the International Bureau of the World Intellectual Property Organization. The Madrid Protocol aims for convenience in the system of registration of marks internationally. You can now file a single application and register your trademark in different countries simultaneously.
AB: A single application and get my trademark protected in several countries? Amazing!
A: There are additional benefits to it as well. The application has to be filed in only one language: English, French or Spanish. You will have to pay only a single set of fees. In addition, there will be only one registration number and only one renewal date. Also if you wish to make any changes in your trademark registration in the future, you can do it through a single application.
AB: This is like magic! But how do I file such an application?
Until the next post on filing Madrid trademark application in India!
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
