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MADRID PROTOCOL - IP INDIA

The Madrid Protocol provides for protection of a mark in multiple jurisdictions by filing an application for International Registration. Since the accession to the Madrid Protocol, the Trade Marks Registry has two fold responsibilities:

As office of Origin

As and when it receives International Applications, it has to verify if the applications are in conformity with the provisions of the Madrid Protocol. When everything is in order, such application is forwarded to the International Bureau of WIPO. If and when the Internal Bureau finds irregularities with the application, the Trade Marks Registry has to respond to the notification of the irregularities.

As office of the Designated Contracting Party

The Trade Marks Registry when notified about International Registrations wherein India has been designated, the particulars of the International Registration are to be recorded and then examined under the provisions of the Trade Marks Act and Rules. Any objection found is to be intimated to the International Bureau of WIPO as provisional refusal. Upon completion of all the procedures, protection is offered and a notification is sent to the International Bureau of the WIPO. The Trade Marks Registry shall keep updating renewal of the International Registration and changes made therein, when notified by the WIPO.