INTERNATIONAL TRADEMARK FILING

Like India, every other country has its own trademark laws governing in their territory. When an applicant wants to secure its trade mark on an international platform- they have to ways to attain it. Either the applicants have to file individual application in each countries where the applicant wants to secure its mark or have to file an application under Madrid System.

The Trade mark registration under Madrid protocol is governed by two treaties:

  • Madrid protocol; and
  • Madrid agreement

ELIGIBILITY

For an applicant to file a Madrid protocol in the respective national, the applicant must be:

  1. The applicant should be –
  • a citizen of that nation, or
  • a domicile of that nation; or
  • should have real and effective business or commercial establishment

In any of the 122 contracting states under Madrid Protocol.

  1. Should file a national application or have a registered mark in the home country.

However, the applicant has to attain a basic mark before filing the international application, under Madrid system.

The Madrid system provides an option to track the application after filing form (MM2). The applicant has to select the “real-time search” in the Madrid Monitor portal.