Madrid system is the international registration of marks in India. It was established under the Madrid agreement in 1891 and its protocol in 1989.This system offers the trademark owner protection of trademark in several countries. It can be done by simply filing an application with regional or national trademark office.
Madrid system enables the registration of trademark in multiple jurisdictions worldwide. This system has not only eased the trademark application procedure but also simplified its subsequent management. Trademark can be protected and applicants can designate it in India.
Protection of trademark needs to be registered in the country where the protection it is required. By this trademark granted by a particular country served to protect the interest of the proprietor only in that country. Filing of for trademark registration was required to protect in an individual country where such protection was sought. Chaos like multiplicity of applications and inconvenience to the potential applicant and also increased the costs.
Registration with the Indian Trademark or a pending application is the prerequisite for filing an application in India for Madrid Protocol. Trademark Office in India will then certify that the information in the international application. These are as the same as that in the basic application the date on which the international application was filed and forward the application to WIPO.
A formal examination is conducted by WIPO to check if the application complies with the requirements of the Protocol and the other regulations. The same are notified to the applicant in case of any irregularities .The irregularities need to be remedied within three months failing which the application will be treated as abandoned.
When everything will be in order the application is recorded in the International register and published in WIPO Gazette. Certificate of International Registration will be sent to WIPO which will send and this will be notified in other trademark offices in the countries that the applicant has chosen to extend the protection of the mark. Trademark is still not been registered. In the substantial examination, the respective trademark will be checked in each country.
Substantial is the examination through which application passes at the trademark office of the contracting party same as passed directly. WIPO get notification of acceptance or refusal within the applicable time. The decision of the trademark office of the contracting party will then record the same in their records will notify. After acceptance of the application, a statement of the grant will be issued through which registration will be valid for a period of 10 years.