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.
