How Madrid System works – Madrid Filing in India for entering the Brand Trademark in Multiple Countries
专利代理人，知识产权Prity Khastgir,
International Intellectual Rights Attorney??Telecom*Food law*AI*VR* BLOCKCHAIN *BIGDATA* Handling International Trademarks under Madrid Protocol *LED* Active in ITU, Geneva Working Group* Patent Trainer at WIPO, Geneva
Madrid Trademark Filing in India for entering the Brand in Multiple Countries
Indian Trademark Filing Portal Acts as Single Application Window
Trademark owners can register their trademarks in several member nations by submitting a single international application through the Madrid System. The World Intellectual Property Organization (WIPO) handles this application once the basic application is filed in India. The Indian government fees for the same is INR 5,000.
Requirements for Eligibility for Filing Trademarks in Multiple Countries
Indian Trademark Applicants must have a basic trademark application or registration in their native country (referred to as the "country of origin") in order to use the Madrid System. This implies that Indian trademark applicants have to submit a trademark application to the Indian Trademark Office first.
Submitting Trademark Application Abroad
The trademark applicant may use WIPO to submit an international application, specifying the countries in which they wish to obtain protection, after they have a registered trademark or pending trademark registration in India.
The current Indian trademark application or registration must serve as the foundation for this trademark application.
Analysis and Examination by Designated Nations to Obtain Trademark Protection
Following submission, the international trademark application will be reviewed by each selected countries in accordance with its own trademark regulations. This implies that each nation maintains the right to give or refuse protection in accordance with local trademark laws, even when the initial trademark application is centralized.
Convenience and Cost-Effectiveness
Significant benefits of the Madrid trademark System include lower expenses and easier administration. Trademark applicants can manage their trademarks with a single trademark application and pay a single set of costs, rather than submitting separate trademark applications in each country.
Subsequent Trademark Management
Instead of interacting with several national trademark agencies worldwide, trademark owners can renew their registrations and make modifications (such as updating their name or address) by submitting a single request to WIPO.
Adding Countries later after initial International Trademark Filing
Trademark owners are free to add more countries at any time to increase the scope of their trademark protection once the original international registration is approved. The procedure used to accomplish this is known as a subsequent designation.
Subsequent Designation Trademarking Process
The trademark owner must request subsequent designation from WIPO in order to add new countries. This request can be made online, and each new country that is chosen usually requires additional expenses to be paid.
A fresh basic application is not necessary for the future designation, which is based on the current international registration. The request will next be reviewed by each newly designated nation in accordance with its own trademark policies and trademark regulations. Trademark Protection will be extended to those other nations if it is authorized.
The following are some benefits of adding countries later
This capability enables startups and business companies to modify their trademark strategy as they expand their operations or enter new markets without having to submit separate applications in every new jurisdiction. It gives companies aiming to expand globally flexibility and scalability.
By enabling trademark applicants to submit a single trademark application to several trademark filing jurisdictions, the Madrid trademark system simplifies the process of acquiring and overseeing trademark protection globally. For Indian trademark applicants, this entails using their current trademarks to effectively and economically get wider protection across member nations. Additionally, startup firms and businesses can enter new markets with flexibility thanks to the option to add countries later through subsequent designations. However, the overall cost would be additional.
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