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By their very nature, trademarks are territorial. As a result, trademark protection is limited to the nation in which the mark is registered. A national trademark has no protection outside of its own country. If you plan to promote and sell your product or service internationally, you should register your trademarks in the countries where you plan to do so.

The Madrid Protocol offers a cost-effective and time-saving option for trademark registration in numerous countries using a single application platform. You may use the Madrid Monitor to see all of the necessary, consolidated, and up-to-date information about your application, as well as the marks of other registrants who have registered under the Madrid Protocol.

To file an international application, you must first file a comparable trademark application in India. Following that, any number of nations can be specified in an international application under the Madrid Protocol, out of the 122 contracting parties to the Protocol. India will be the Office of Origin, and the specified nations will be the countries in which you desire to register.

Registration through the Madrid Protocol 一

Aside from the extra benefit of protection in other nations, there are a few more reasons to think about it:

• Counterfeit/ripoff items can be efficiently combated in foreign regions.

• In the long term, the corporation can benefit from international registration by executing merchandising and franchising plans in other countries, as the mark will need to be registered before it can be used by a third party.

• Later on, as part of the same application, more nations might be chosen.

• When compared to filing separate applications in different countries, the expenses are much reduced. Your charge is determined by a variety of factors. You can figure out how much it will cost to file an overseas application here.

The registration procedure is as follows:

Stage 1: Submitting an application through the National Office:

A. You must have already registered or submitted an application with your "home" office, i.e., the Office of Origin. That would be India in this scenario. The fundamental mark is a registration or application that must be filed before an international application may be filed.

B. The International Application must therefore be submitted with the same agency, which will certify and transmit it to the World Intellectual Property Organisation (WIPO).

Formal Examination (Stage 2) By the World Intellectual Property Organisation (WIPO): 

The World Intellectual Property Organization (WIPO) only undertakes a formal evaluation of your international application. Your mark is entered into the International Register and published in the WIPO Gazette of International Marks after it has been authorised. WIPO will subsequently provide you with an international registration certificate and inform the IP Offices in all of the countries wherever one wants and the trademark is protected.

Stage 3: The Office Of The Designated Party To the contract conducts a substantive examination (ies)

In line with their legislation, the IP Offices of the regions where you seek to protect your mark will make a judgement within the necessary time restriction (12 or 18 months). The decisions of the IP Offices will be recorded in the International Register by WIPO, and you will be notified.

If an IP Office declines to protect your mark in whole or in part, this decision will have no bearing on the decisions of other IP Offices. In line with its legislation, you can challenge a denial judgement immediately before the IP Office is involved. If an IP Office agrees to protect your mark, a statement of grant of protection will be issued.

Your trademark's international registration is valid for ten years. You can renew your registration directly with WIPO at the end of each 10-year period, having effect in the selected Contracting Parties.

An international registration is valid for ten years from the date of registration and can be renewed for another ten years. The International Bureau will issue an unofficial notification six months before the term of protection is slated to expire, alerting holders of the opportunity to renew. Failure to renew the registration by the required date will not be excused if you do not get this unauthorised notification.

Subsequent Designation:  

You may utilise e-Subsequent Designation or Form MM4 to add other countries/regions to your existing international trademark registration and broaden its geographical area of protection. WIPO or the holder's "home" IP Office (i.e., the Office of the holder's Contracting Party) can receive Form MM4 immediately. There will be an extra charge for this.

Registration Renewal:

The Madrid E-Renewal Service, an online service that allows users to renew an international registration by paying the relevant costs, is the simplest way to renew an international registration.

Modifications for Covid-19:

• WIPO has provided some information in light of the CoronaVirus outbreak that you might find interesting if your application is presently being handled. However, here's a quick rundown of what some of this data is about:

• Prohibitions on the use of certified papers and extracts for the time being

• Users of the Madrid System have options for redress and extensions of time limits.

• Postal connection with WIPO has been suspended.

• Measures being taken by Madrid System online services members' IP offices to assure business continuity and responsiveness

WEBLIOGRAPHY

1. Benefits of the Madrid System. (N.d.). Retrieved From https://www.wipo.int/madrid/en/madrid_benefits.html

2. How the Madrid System Works: The International Registration Process. (N.d.). Retrieved From https://www.wipo.int/madrid/en/how_madrid_works.html

3. Making the Most of the Madrid System. (N.d.). Retrieved From https://www.wipo.int/export/sites/www/madrid/en/forms/docs/making_the_most_of_the_madrid_system_mm_forms.pdf

4. Protecting Your Marks Abroad: The Madrid System. (N.d.). Retrieved From https://www.wipo.int/edocs/pubdocs/en/marks/1039/wipo_pub_1039.pdf

5. How to Monitor Your International Application: An Overview. (N.d.). Retrieved From https://www.wipo.int/madrid/en/how_to/monitor/

6. How to Manage Your International Registration: An Overview. (N.d.). Retrieved From https://www.wipo.int/madrid/en/how_to/manage/

7. International Trademark Registration. (N.d.). Retrieved From http://www.lrswami.com/page/foreign-trademark-registration

8. Covid-19 Update: Madrid System. (N.d.). Retrieved From https://www.wipo.int/madrid/en/news/2020/news_0009.html