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MADRID PROTOCOL

MADRID PROTOCOL. MADRID SYSTEM. MADRID AGREEMENT MADRID PROTOCOL. MEMBERS. MADRID AGREEMENT ONLY 06 MADRID PROTOCOL ONLY 28 AGREEMENT AND PROTOCOL 50 TOTAL 84. OBJECTIVES.

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MADRID PROTOCOL

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  1. MADRID PROTOCOL

  2. MADRID SYSTEM MADRID AGREEMENT MADRID PROTOCOL

  3. MEMBERS MADRID AGREEMENT ONLY 06 MADRID PROTOCOL ONLY 28 AGREEMENT AND PROTOCOL 50 TOTAL84

  4. OBJECTIVES • SINGLE APPLICATION GETTING REGISTRATIONS IN MULTIPLE COUNTRIES • SUBSEQUENT MANAGEMENT OF THAT REGISTRATION MADE EASIER

  5. DIFFERENCE BETWEEN AGREEMENT AND PROTOCOL

  6. DIFFERENCE BETWEEN NATIONAL ROUTE AND MADRID ROUTE MADRID ROUTE NATIONAL ROUTE COUNTRY A APPLICANT APPLICANT OFFICE OF ORIGIN COUNTRY B COUNTRY D WIPO COUNTRY A COUNTRY B COUNTRY C COUNTRY D COUNTRY C

  7. ADVANTAGES AND DISADVANTAGES • LESS EXPENSIVE • EASY MANAGEMENT OF THE TRADE MARK PORTFOLIO • FASTER REGISTRATION • SUBSEQUENT DESIGNATION • NO FORMALITY CHECK REQUIRED BY THE NATIONAL OFFICE • CONSEQUENCE OF THE CENTRAL ATTACK • THE INTERNATIONAL REGISTRATION CANNOT EXCEED THE GOODS OR SERVICES MENTIONED IN THE BASIC APPLICATION • LIMITED MEMBERS • ASSIGNMENT CAN BE EFFECTED TO MEMBERS ONLY • NO AMENDMENT OF THE MARK

  8. MP APPLICATION PROCEDURE WIPO CONFIRMS BASIC REQ.MENT MET IR REQUEST SUBMITTED TO THE COUNTRY OF ORIGIN COUNTRYOF ORIGIN CERTIFIES THE IR COUNTRY OF ORIGIN FORWARDS IR TO WIPO WIPO ISSUE IR AND FORWARD TO DESIGN. COUNTRY EXAMINED IN EACH OF THE DESIGNATED. COUNTRIES YES NO WIPO RETURNS TO COUNTRY OF ORIGIN FOR CORRECTION (3 MONTHS D.L)

  9. APPLICANT FROM JAPAN WANTS TO FILE APPLICATION IN US,UK,CHINA FILES AN IA AT JPO JPO CERTIFY IA SENDS TO WIPO ISSUE IR FORWARDS TO US,UK,CHINA FOR EXAMINATION

  10. PROBLEMS FACING BY ATTORNEYSCLASSIFICATION AND DESCRIPTION OF GOODSNo uniformity among the members about the classifications and acceptable descriptions of Goods and Services. WIPO has the final word regarding the classification and they may make different decision which the JPO determined in the basic Japanese registration.

  11. Notification concerning the grant of protection is not an obligation. This problem has sorted out and it is obligatory since 1st Sept. 2009.LANGUAGESome times, WIPO sends the compliance report in any of the three languages.

  12. PRESENT POSITION IN INDIA • Indian Economy Is Consistently Performing Well In The Past Few Years Recording 7-9% Growth. • The Number Of Trademark Applications Has Increased From 43234 In The Year 1997 To 103419 In The Year 2007. • India Has Received 123514 Applications In The Year 2008, Recording Nearly 20% More Applications From The Previous Year.

  13. FOREIGN APPLICATIONS TREND IN INDIA

  14. RATIO OF TRADEMARK APPLICATIONS AND EXAMINERS 2007

  15. INDIA S PREPARATION FOR THE ACCESSION TO THE MADRID PROTOCOL • INDIA NOT A MEMBER YET. • A DRAFT BILL HAS PREPARED FOR THE AMENDMENT OF THE PRESENT TRADEMARK ACT. • IP OFFICE HAS FULLY COMPUTERIZED AND COMPUTERIZED EXAMINATION HAS STARTED. • E- FILING HAS STARTED IN THE YEAR 2007. • GOVERNMENT OF INDIA HAS SANCTIONED 1.8 MILLION $ TO STRENGTHEN THE INFRASTRUCTURE OF THE TRADEMARK REGISTRY. • ALSO APPOINTED 27 EXAMINERS ON CONTRACT BASIS.

  16. CURRENT POSITION • DIGITIZATION HAS ALREADY STARTED IN THE BEGINNING OF THE YEAR WITH AN EXPECTATION TO COMPLETE BY YEAR END. • ONLINE INTERACTIVE SESSION ALSO STARTED RECENTLY. • RECRUITMENT OF MORE EXAMINERS HAS APPROVED AND ANNOUNCEMENT OF VACANCY FOR 39 EXAMINERS WERE ALREADY PUBLISHED.

  17. FUTURE VISION • INTENDS TO ELIMINATE PAPER BASED ACTIVITIES AND SWITCH TO PAPERLESS ACTIVITIES. • INTRODUCE WEB CONFERENCING FACILITIES TO CONDUCT HEARING. • INTRODUCE -WORK FROM HOME – CULTURE FOR SOME TRADEMARK ACTIVITIES LIKE - EXAMINATION. • CREATE A KNOWLEDGE BASED DIGITAL LIBRARY.

  18. POSSIBLE HINDRANCE FOR INDIA TO THE ACCESSION OF THE MADRID PROTOCOL • The Bill Does Not Contain Any Provisions Regarding The Transformation Of An IR into National Application(Article 9 quinquines). • The Bill Does Not Contain Any Provisions Regarding The Territorial Extension Subsequent To An IR And The Date On Which Such Extension Become Effective In India(Article 3ter(2). • The classification of goods and services should be changed from 42 to 45 classes.

  19. MODIFICATIONS REQUIRED IN THE ORGANIZATIONAL SET UP IN INDIA. • AT PRESENT STAFFS ARE INADEQUATE. • DATABASE TO BE MORE ACCURATE. • EXTENSIVE TRAINING TO BE GIVEN TO THE STAFFS.

  20. CONCLUSION • The Madrid Protocol provides trademark owners with a simple , flexible and cost effective centralized trademark registration system and the benefits of the system will continue to expand as more countries join the system. Its gives an option to the trademark owners to register their mark in multiple jurisdictions through a single application.

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