The Madrid Protocol is an international treaty that permits a trademark owner to make application of protection in the Madrid Union having 112 members and 128 countries (contracting party) in a cost effective manner. The Madrid Protocol allows trademark owner single set of fees and single application. The protocol is regulated by the International Bureau of World Intellectual Property Organisation.
Why consider filing International Trademark Applications?
With the availability of the global e-markets platforms on Internet, at present anyone can sell their products/services throughout the world easily and effectively. Therefore, it is required for trademark owners to ensure their brands are adequately protected in foreign countries as well.
When should you consider filing International Trademark Applications?
Upon receiving the certificate of Registration of Trade Mark through IPO, a trademark owner must decide where to file for international registration and promptly file those trademark applications. This article provides an overview on international registration of trademark through Madrid protocol.
The Basic requirements for using a Madrid System for India as a contracting party
- a business (i.e., a real and effective industrial or commercial establishment) in India , or
- be domiciled in India (contracting party), or
- be a national of India(contracting party).
- must have either applied for or obtained a mark with the Indian Patent and Trademark Office.
Fees associated with Madrid System
- the basic fee;
- a complementary fee for each Contracting Party designated; and
- a supplementary fee for each class of goods and services in excess of three.
For certain contracting parties, the complementary fee is replaced by an “individual fee”. To confirm whether or not a Contracting Party applies the individual fee (and the amount of such fee), check the list of Individual Fees.
Cost advantage with Madrid System
Using the Madrid Protocol definitely provides a cost advantage as it shall cost less than applying individually in each country.