The Trademark registration has gone global and applications for international trade marks would be accepted in India from Monday. This has become possible as India submitted instrument of accession to the Madrid Protocol for international registration of marks in the past and the same has become effective vis-à-vis India from 8th July 2013 says Praveen Dalal, managing partner of New Delhi based IP and ICT law firm Perry4Law.
As a consequence, the Trade Marks Registries in Chennai, Delhi, Mumbai and Kolkata will start receiving applications for international trade marks as per the Madrid Protocol, from July 8.
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.
This is one of the most important developments in Indian trademark law in recent years, providing a system for obtaining international trade mark protection that is streamlined and potentially very cost-efficient.
Indian Trademark Act and the corresponding Trademark Rules have also been amended to accommodate the requirements of international trademark filing. The international application would confer a wider protection to a trademark and would reduce unnecessary procedural formalities, opines Dalal.