A trademark is a sign capable of distinguishing the goods or services of one
enterprise from those of other enterprises. Trademarks are protected by
intellectual property rights.
A trademark registration grants protection only in that particular territory and
not outside. So, if you wish for the global recognition of your mark then you
need to apply for registration in other countries also. An applicant have two
options either he can apply for the trademark registration in each of the
territory in which he seeks protection or can apply a single application for
obtaining registration in multiple territories through Madrid system of WIPO.
The validity of a trademark is generally 10 years and can be renewed indefinite
times by paying the requisite fee.
WIPO's Madrid System
World Intellectual Property Organization (WIPO) has introduced Madrid System to
apply for international trademark. The Madrid System is a cost-effective, global
and efficient system for trademark registration. One can obtain trademark
registration in various countries with a single application.
Who can use the Madrid System?
WIPO's Madrid System has member countries that can use the system for
obtaining international trademark. One can use this system provided they have a
connection with the Madrid's members i.e., applicant is a domiciled or have a
commercial establishment in or be a citizen of the member countries covered by
the Madrid System.
Madrid Trademark Application in India
World Intellectual Property Organization (WIPO) has given authorization to The
Indian Trademark Office to receive an International trademark application under
the Madrid Protocol.
To file Madrid Trademark Application in India the applicant must be eligible to
file the trademark application. The essential requirement for the applicant to
be eligible is to be an Indian national or having a place of business in India.
Also, an existing trademark application is required by the Indian Trademark
Office, known as the basic application, and it should include expression of one
or more countries within which International trademark protection is required.
Three main requirements for securing International Trademark Registration
The applicant should be an Indian national or must have a domicile of India or
have an functional establishment in India which should be located in commercial
An existing trademark application is required by the Indian Trademark Office,
known as the basic application. The trademark and list of goods and services
mentioned in International Trademark Application should be identical with the
Applicant must select one or more countries from member countries of Madrid
System wherein international trademark protection is required.