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Pankaj Tyagi
| Updated: 31 Aug, 2021 | Category: Trademark

Madrid System: A Roadmap to International Trademark Registration

Madrid System: A Roadmap to International Trademark Registration

Leveraging Madrid Protocol in the status quo is a pivotal component of any effective brand strategy. The protocol ensures a concrete brand presence at the global level and helps businesses gain global reputation. Madrid system ensures the legal coverage of your brand against rivals in export markets strengthens franchising opportunities, facilitates syncing with global supply chains. Generally, it underpins a solid roadmap for effective brand building on the global level.

Some Key Aspects related to Trademark Registration

The term “trademark” refers to pictorial representation like a sign, mark, letter, or logo that acts as a source identifier for a particular business or its offerings. For continual growth and improved ROI, businesses have to focus on ways to improve their brand image and reputation in the target market, and trademark registration plays a pivotal role in that. Infringers around the world keep the constant tap on brands that are popular and lack adequate IP rights. 

Trademark protection ensures the comprehensive protection of the aforesaid intangible assets and keeps them safe from infringers during the entire validity duration. Let’s find out whether a trademark registered in a specific nation continues to render the same legal coverage and rights in other countries or not.

Read our article:Online Trademark Registration: A Detailed Guide

Key points regarding trademark registration availed in India

  • A business owner seeking trademark protection within the Indian territory need to visit the Trade Marks Registry (TMR) with the CGPDTM, Office of the Controller General for Patents, Designs, and Trademarks.
  • The registered trademark can serve a validity period of 10 years and can be renewed for the same timeline.
  • In the wake of the ease of doing business initiative, the Indian government has introduced the online portal, viz IP India online, for filing a trademark application.
  • Viability of rights accorded under the Indian Trademark law is futile in other nations. One has to avail of separate registration under the Madrid Protocol to avail the cross-border protection for their mark.
  • Trademark protection accorded by the Indian authority doesn’t facilitate legal coverage in countries not members of the Madrid System.
  • Madrid System allows business owners to secure trademark protection in multiple nations of their choice. 

Does a registered Trademark in India have global recognition?

Since a trademark is granted on a territorial basis, one has to file separate registration if they wish to avail trademark registration in another country. But, there are global conventions, namely Madrid System, that acts as a centralized registration system in all member nations.

An Overview on Madrid System for international trademarking

The Madrid System is a global agreement for the mutual facilitation of trademark registrations. Since trademarks can only confer protection within the national boundary of the nation of registration, this protocol accords the trademark rights in selected countries. The Madrid Systems were established in 1985 with an aim to incentivize international trademark protection.

The Madrid System is managed by the World Intellectual Property Organization (aka WIPO), which is a specialized institution of the UN, headquartered in Geneva, Switzerland.

The protocol enables the applicant to avail protection for their brand beyond the national boundaries. It facilitates intuitive, swift and affordable procedures for the central filing of trademark applications. Additionally, it ensures the central management of trademark registrations with effects in different nations.

In the year 2013, India[1] agreed to become the esteemed member of the international treaty for trademarks.  

This has led small businesses, MSMEs in particular, to become the primary beneficiary of the scheme. The applicant seeking cross-border trademark protection can visit the Indian Trademark office to start the registration process.  

A need for International trademark search

Prior to trademark filing under Madrid System, it is recommended to conduct an in-depth search for similarity with prevailing trademarks. 

Probable Pros of Filing a trademark under Madrid System

  • The Madrid System facilitates an affordable, simple, swift & accessible route for trademark registration in the international regime. The protocol was introduced to mitigate to hassle of filing separate trademark applications in each country.  
  • The Madrid Union constitutes over 100 members, including States as well as intergovernmental institutions. Therefore, it encompasses territories of 116 nations. This manifests more than 805 of global trade flow & comprises very lucrative markets for Indian exporters. It spares time & effort that would otherwise become prevalent in paying various fees, currency exchanges, translations in local languages, etc.
  • Such filing escalates franchising opportunities beyond Indian territory & cross-border partnerships and aids in sync global supply chains.

Process for trademark registration under Madrid System

Initial proceeding regarding trademark registration under Madrid System starts with the local authority. Hence, any Indian national seeking protection under the same protocol needs to file an online application on the portal, viz Ip India online.

  • To initiate the filing procedure, the applicant needs to opt for a specific form known as [MM2(E)] accessible at the following link: https://ipindiaonline.gov.in/trademarkefiling/user/frmLoginNew.aspx
  • The said form prompts you to enter the following mandatory details
  • Name and address;
  • The reproduction of the mark, which must be similar to your basic mark in India;
  • Types of goods and services for which the trademark registration is sought, which must be entirely covered by those indicated in your basic mark.
  • A list of members under Madrid Union for which trademark protection for the mark is sought.

After filling in the aforesaid details along with other particulars, you are required to submit fees.  

Here’s what fees structure under Madrid System looks like 

  • Madrid Protocol fee: $740 (subjected to variance owing to ever-changing exchange rates
  • Individual nation fees: $100-$850/nation (fee could vary nation-wise)
  • Legal fees: somewhere between $900-1000 depending on how many nation you file in
Note: as you can see that these are not the concrete estimate and it could vary in accordance with factors mentioned above.

Potential benefits of the Madrid System

The Madrid System refers to one-stop Avenue for trademark holder to avail and ensure protection in various markets. Whether you have a new venture or a large export business, the Madrid System can let you manage your brand effectively.

Potential benefits of the Madrid System

Conclusion

The Madrid system facilitates you a lucrative route, to safeguard your brand in up to 115 nations globally, by making available affordable & intuitive procedures to avail & manage your trade mark rights in other countries. As an Indian business owner you are permitted to utilize this treaty that come to effect in 2013.

Read our article:How Can You Apply For Online Trademark Registration in India?

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Pankaj Tyagi

Pankaj has a diverse experience of writing research papers, blog, and articles during his college time. Earlier, he was working as a tax consultant in a financial firm, but his interest in writing drives him to pursue a career in the writing field.

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