Madrid system to take effect in India

Three months after signing the treaty, the Madrid Protocol came into force in India on Monday,

July 8, 2013, after India’s controller general of patents, designs, and trademarks, Chaitanya Prasad, issued a signed public notice confirming that the treaty is now in force.

India became the protocol’s 90th member in April 2013, paving the way for local businesses to protect their trademarks in multiple jurisdictions by filing just one application with one set of fees.

The Madrid system for the international registration of trademarks provides one single procedure for the registration of a trademark in several territories. It is regulated by two treaties, the Madrid Agreement and the Madrid Protocol, and is administered by the International Bureau of WIPO in Geneva, Switzerland.

Welcoming India’s accession, the World Intellectual Property Organization (WIPO) Director General Francis Gurry noted that “India’s participation in the Madrid system gives brand owners around the world the ability to extend their protection to the important Indian market, through a single, simplified and cost-effective procedure.”  India is the 14th of the G-20 economies to accede to the Madrid Protocol.

Under the WIPO-administered Madrid system, a trademark owner may protect a mark in up to 89 countries plus the European Union with its Community Trade Mark (CTM) by filing one single application, in one language (English, French or Spanish), with one set of fees, in one currency (Swiss Francs). An international registration under the Madrid system produces the same effects as an application for registration of the mark in each of the contracting parties designated by the applicant.

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