The trademark registration procedure in India is governed by the Indian Trademark Act, 1999. The convention application under Indian trademark law is governed by section 154(2) of the Trademarks Act 1999 of India.
The International registration of trademarks under Madrid Agreement and Madrid Protocolhas attracted the attention of international companies and trademark stakeholders. However, the Madrid Agreement and Madrid Protocol and its applicability and implementation in India were long due.
Now India has deposited the instrument of accession to the Madrid Protocol for the International Registration of Marks at World Intellectual Property Organisation (WIPO). This has increased the total number of members to the Protocol to 90. The treaty will enter into force with respect to India on July 8, 2013.
The Madrid System for the International Registration of Marks (Madrid system) offers trademark owners a cost effective, user friendly and streamlined means of protecting and managing their trademark portfolio internationally. This would enable domestic companies and entrepreneurs to obtain cost effective global trademark registration.
Under the Madrid system, a trademark owner may protect a mark in up to 88 countries plus the European Union by filing one application, in one language with one set of fees, in one currency.