The trademark
registration procedure in India is governed by the Indian
Trademark Act, 1999. The convention
application under Indian trademark law is governed by section
154(2) of the Trademarks Act 1999 of India.
The International
registration of trademarks under Madrid Agreement and Madrid Protocol
has attracted the attention of international companies and trademark
stakeholders. However, the Madrid
Agreement and Madrid Protocol and its applicability and
implementation in India were long due.
Now India has deposited the instrument of accession
to the Madrid Protocol for the International Registration of Marks at
World Intellectual Property Organisation (WIPO). This has increased
the total number of members to the Protocol to 90. The treaty will
enter into force with respect to India on July 8, 2013.
The Madrid System for the International Registration
of Marks (Madrid system) offers trademark owners a cost effective,
user friendly and streamlined means of protecting and managing their
trademark portfolio internationally. This would enable domestic
companies and entrepreneurs to obtain cost effective global trademark
registration.
Under the Madrid system, a trademark owner may
protect a mark in up to 88 countries plus the European Union by
filing one application, in one language with one set of fees, in one
currency.
