On April 1, 1996, Intellectual Property right attained its one of the major milestones by entering into Madrid protocol. India becomes its signatory with effect from July 8, 2013. Madrid Protocol system allows applications to be filed using the Madrid system. According to this system, the applicants get the ease of filing a trademark in several countries by filing one application in the home country. The Madrid system is administered by the International Bureau of WIPO situated in Geneva, Switzerland.
Trademark Act, 1999
After India became a signatory to the Madrid Protocol, significant alignment was made in the IPR Regime to combat with the international norms leading to the inclusion of a new chapter (Chapter IV A) in the Indian Legislation which gives a detailed outline about procedural and statutory guidelines for international Registration of the mark.
Guidelines and Provisions of applicability the International System to Indian trademark filing is entailed under Section 36A to 36G of the Trademarks Act, 1999. These sections give out procedural aspects of filing the trademark. Upon receiving the notification from the International Bureau, the examination of the mark is done by the registry as per the guidelines laid down in sections 9,21,63,74 of the Act and issues necessary directives of acceptance or refusal of the application.
These guidelines provide procedures that applicants have to adhere to while filing an international application with the trademark registry. It also prescribes guidelines to be followed by foreign applications while designating India in their International Application.
The Guidelines have been categorized into two parts wherein Part A deals with the responsibilities of the Indian Trademarks Office as the Office of Origin and Part B deals with the Designated Contracting Party. These guidelines prescribe fees, procedures, and duration of filings.