India's cell phone manufacturer, Micromax as of late got the 1.25 millionth worldwide trademark registration for its trademark – 'MICROMAX', giving it insurance in more than 110 countries. The universal trademark registration for Micromax was documented under the Madrid Protocol, under which a mark can be secured in numerous jurisdictions by filing an application for global registration. In this article, we take a gander at the Madrid Protocol top to bottom and also the process for worldwide trademark registration.
What is Madrid Protocol
The Madrid Protocol which came into activity in 1996 and the Madrid Agreement which dates from 1891 administer the system of global trademark registration. Under the Madrid Protocol, a mark can be registered in multiple countries by filing an application for worldwide trademark registration through the trademark office of the candidate ("office of a starting point").
Global Trademark Registration Process
Global trademark registration application under the Madrid Protocol must be documented by the trademark candidate through the trademark office of the candidate, known as the office of beginning. In case of Indian Businesses, the Office of Registrar of Trademark, India is the office of beginning. The office of the cause will process the trademark application and record it with the Intellectual Property Organization at Geneva.
On the off chance that the trademark application is found fit, at that point the mark is recorded in the International Register and published in the World Intellectual Property Organization (WIPO) Gazette of International Marks. The International Bureau at that point provides a testament to global registration and notifies everyone of the country is contracting to the Madrid Protocol for which assurance has been requested by the trademark candidate. Every one of the country's trademark offices has the privilege to refuse security of the mark by saying to the International Bureau within the time limits specified in the Madrid Protocol. The Madrid Protocol has set strict time limits of 12 or year and a half for objections to be raised by the designated offices.
Any protest to the registration of the trademark must be made to the International Bureau in the prescribed format. In the event that there are no refusals by any of the countries, at that point the assurance of the mark in every one of the country is the same as in the event that it had been registered by the Office of that country.
Once a worldwide trademark is registered under the Madrid Protocol, the mark is registered for 10 years. Global trademark registrations can be recharged toward the finish of the 10-year time span specifically through WIPO or through the concerned office of birthplace.
Requirements for Obtaining International Trademark Registration
There are three principal requirements for getting a universal trademark registration in India:
The candidate should be a national of India or domiciled in India or have genuine and compelling business or business establishment in India.
The candidate must have a national (Indian) trademark application or registration of a trademark with the Indian Trade Marks Registry. This national trademark application/registration will be used as the basis of the universal application. The worldwide application will have the same trademark as specified in the national trademark application or registration; The list of goods and services said in the global application should also be indistinguishable with the national mark.
The candidate in the universal application must choose at least one other part countries of the Madrid Protocol, where the candidate wants to ensure his trademark.
Countries That Protect International Trademark Registrations
The accompanying countries are parties to the Madrid Protocol. Henceforth, an International Trademark can be managed insurance in the accompanying countries: