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N.K.Assumi (Advocate)     11 May 2009

Registration under WIPO a Registration under National Regist

If a trade mark is registered under WIPO does it automatically amounts to registration under National Registration Trade marks?



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 3 Replies

Sheetal Handoo (info)     11 May 2009

I think

If it is an Indian brand it needs permission from Indian Govt. to register in WIPO but it may or may not be registered in India.

There is a need for separate registration in India

 

Sheetal Handoo (info)     11 May 2009

I think

If it is an Indian brand it needs permission from Indian Govt. to register in WIPO but it may or may not be registered in India.

There is a need for separate registration in India for its protection in India.

 

Rohan Rohatgi (Advocate)     12 May 2009

Under the Indian trademark laws, we cannot file an international application i.e. under WIPO since India has not acceded to the Madrid Protocol or Madrid Agreement, as of now.

Secondly, for getting a mark registered with WIPO, you should first get it registered in the national office of the country where the proprietor is incorporated or situated. Then an application is filed with WIPO where you designate the countries you wish to apply to (the countries shall have acceded to the Madrid Agreement or Protocol). If a country has not acceded to the Madrid Agreement or Protool, you would have to apply separately through a local representative with their national IP office.  

P.S : The Trademark (Amendment) Bill was introduced in Parliament in the last session and was passed by Lok Sabha. Since the Parliament was dissolved, it was not passed by Rajya Sabha and we would have to wait till the next session and see if it is introduced again. This Amendment Bill has ratified the Madrid Agreement and Protocol.


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