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Trademark Filing

Trademark Filing

  • A trademark application can be filed for a good or a service in a single class or for goods or services in multiple classes.
  • Trademark application can be filed to secure protection on your brand name, sound, smell, taglines, color, logo, shape of goods, combination of colors, numerals
  • It is important to renew registered trademark to enjoy monopoly for indefinite time.
  • Following is the procedure of in respect of a trademark application:
  • Filing of trade mark application with the Trade Marks Registry
  • Scrutiny of the application for formal compliance
  • Examination by the Registrar of Trade Marks
  • Issuance of Examination Report
  • Filing of reply to the Examination Report with the Trade Marks Registry
  • Advertisement of the trade mark in the Trade Marks Journal and if not opposed Issuance of Certificate of Registration.

Filing Trademark Application under Madrid Protocol

The Madrid system for the international registration of marks (the Madrid system) established in 1891 functions under the Madrid Agreement (1891) and the Madrid Protocol (1989). It is administered by the International Bureau of WIPO located in Geneva, Switzerland.

The Madrid system offers a trademark owner the possibility to have his trademark protected in several countries by simply filing one application directly with his own national or regional trademark office. An international mark so registered is equivalent to an application or a registration of the same mark effected directly in each of the countries designated by the applicant.

Requirements:

A Madrid application can be filed by a natural person, or legal entity, having real and effective industrial or commercial establishment status, or being a domicile, or being a national of a Madrid Union Member Country. The Madrid Protocol allows applicants to choose the exact countries in which they seek protection.

Filing Trademark application in Multiple countries

  • It is possible to file trademark application in multiple countries. If you wish to claim priority from your Indian trademark application, then you should file trademark application in other country within six months from the date of filing Indian trademark application.
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