Discover the benefits and requirements of filing an international trademark application and Madrid Protocol Fees under the Madrid Protocol, administered by WIPO at Vakilsearch.
The Madrid Protocol is an international treaty administered by the World Intellectual Property Organisation (WIPO) that provides a centralised system for obtaining trademark protection in multiple countries. The Madrid Protocol allows trademark owners to file a single international trademark application, known as an International Registration, and have it extend to designated countries of their choice. The Madrid Protocol streamlines the process of obtaining trademark protection in multiple countries, making it easier and more cost-effective for trademark owners. By filing a single International Registration, trademark owners can avoid the time-consuming and costly process of filing separate national trademark applications in each country where they seek protection. Let’s know about Fees and Payment of the Madrid Protocol for international trademark in India.
Benefits of Registering a Global Trademark in India
There are several benefits of global trademark registration in India, including:
- Legal protection: A registered trademark in India provides the trademark owner with legal protection and the right to use the trademark exclusively in India. This can help prevent others from using a similar trademark, reducing the risk of confusion among consumers.
- Brand recognition: Registering a trademark in India can help increase brand recognition and awareness among consumers, which can lead to increased sales and market share.
- Market entry: Registering a trademark in India can facilitate entry into the Indian market and help establish a strong brand presence in the country.
- Evidence of ownership: A registered trademark in India provides evidence of ownership, which can be important in the event of a legal dispute over the trademark.
- License and sell: A registered trademark in India can be licensed or sold to others, providing a valuable asset for the trademark owner.
- International recognition: Registering a trademark in India can help establish international recognition of the trademark, making it easier to obtain trademark protection in other countries.
It is important to carefully consider the benefits of registering a global trademark in India and to seek professional assistance from a trademark attorney to ensure a successful trademark registration process.
How are the Madrid Protocol and Global Trademark Related?
The Madrid Protocol is a system for obtaining international trademark protection, allowing trademark owners to apply for trademark protection in multiple countries through a single application. A global trademark refers to a trademark that is protected in multiple countries, either through individual national trademark registrations or through an International Registration under the Madrid Protocol.
In other words, the Madrid Protocol provides a means for obtaining a global trademark, by allowing trademark owners to apply for trademark protection in multiple countries through a single application. By using the Madrid Protocol, trademark owners can simplify and streamline the process of obtaining international trademark protection, making it easier and more cost-effective to protect their trademarks globally.
Documents Required for Global Trademark in India
The following documents are required for filing a trademark application in India:
- Power of Attorney: A legally signed power of attorney from the trademark owner or an authorized representative.
- Trademark: A clear and distinctive representation of the trademark, either in words or symbols.
- Class of Goods and Services: Identification of the class of goods and services the trademark will be used for.
- Information About the Trademark Owner: Details of the trademark owner, including name, address, nationality, and contact information.
- Evidence of Use: Evidence of use of the trademark in India, if available.
- Description of Trademark: A brief description of the trademark and its intended use.
- Priority Claim: If the trademark has been filed in another country, a priority claim can be made.
It is advisable to consult with a trademark attorney or the relevant trademark office for specific requirements and guidance on the trademark application process in India.
Fees and Payment of the Madrid Protocol in India for International Trademark
The fees and payment for the Madrid Protocol for International Trademarks are set by the World Intellectual Property Organization (WIPO), the organisation responsible for administering the Madrid Protocol.
The fees for the International Registration of a trademark under the Madrid Protocol include a basic fee, a supplementary fee for each designated country, and a renewal fee. The basic fee is a fixed fee that is charged for filing the International Registration, and the supplementary fee is a per-country fee that is charged for each country designated in the International Registration. The renewal fee is a fee that is charged every 10 years to maintain the International Registration in force. The basic fee is 653 swiss francs which is ₹.56716 in India.
The fees for the Madrid Protocol vary based on the number of designated countries and the type of trademark owner (natural person, small or medium-sized enterprise, etc.). The fees can be paid in Swiss francs (CHF) or in the currency of the designated country and can be paid through WIPO’s online payment system, by bank transfer, or by credit card.
It is important to carefully consider the fees and payment for the Madrid Protocol and to seek professional assistance from a trademark attorney to ensure a smooth and successful process for obtaining international trademark protection.
Madrid Protocol Fees: Types of Fees
The fees associated with an application for international registration under the Madrid System consist of three components:
Basic Fee: This fee is required for the processing of the international trademark application. It is a standard fee applicable to all applications.
Complementary Fee for Each Designated Contracting Party: When designating specific countries or jurisdictions for trademark protection, a complementary fee is payable for each Contracting Party chosen. The amount of this fee can vary depending on the specific Contracting Party designated.
Supplementary Fee for Each Class of Goods and Services in Excess of Three: The Madrid System allows for the inclusion of multiple classes of goods and services in a single international trademark application. However, if the application exceeds three classes, a supplementary fee is payable for each additional class beyond the initial three.
Fee Amounts
Before proceeding with your application, it is advisable to use the Fee Calculator provided to estimate the amount of fees that will be payable. The Fee Calculator takes into account the information you provide and refers to the Schedule of Fees to generate an estimate. Please note that all fees must be paid in Swiss francs.
However, it’s important to keep in mind that the results generated by the Fee Calculator are based on the information provided and the Schedule of Fees in effect at the time of the estimate. Therefore, the estimate is provided for informational purposes only.
For the most accurate and up-to-date estimate, it is recommended to consult with Vakilsearch IP experts.
If your Office of origin is located in the least Developed Country (LDC), as identified by the United Nations, you are eligible for a 90 per cent reduction in the basic fee for your international application. This reduction aims to provide support and assistance to applicants from these countries.
Where to Submit Madrid Protocol Fees?
Generally, all fees related to international trademark registration should be submitted to the World Intellectual Property Organization (WIPO). However, for certain Contracting Parties, it is possible to submit the application fees directly to the Office of Origin. In such cases, the Office of Origin will forward the fees to WIPO on your behalf.
To identify the Contracting Parties that allow direct submission of fees to the Office of Origin, you can refer to the Declarations made by Contracting Parties of the Madrid System, specifically declaration (m) as outlined in Rule 34(2)(b).
It is important to note that failing to pay the required fees in full will result in the issuance of an irregularity notice. This notice will include a payment deadline, typically around three months from the notice date. If the fees are not paid within the specified timeframe, the application will be considered abandoned.
To determine the specific process for submitting fees directly to the relevant Intellectual Property Office, you can contact them directly. You can find the contact information through the Member Profiles Database.
Madrid Protocol Fees: Payment Methods
WIPO accepts fees via four methods: current account at WIPO, credit card (in certain cases), bank transfer, or postal transfer (within Europe only).
Cost/Fees
If you are paying your fee using a payment service provider (such as, Transferwise, Revolut, Western Union, MoneyGram, etc.), you should convey a follow-up message to WIPO Finance using the Finance Contact Us form with your application reference, payment and contact details, including your email address. If you do not comply, they may be unable to credit your money to your application or provide you with a receipt.
Madrid Application Fee Change
Changes to the Madrid application fees may occur over time due to revisions or updates in the fee structure established by WIPO. It is important to stay informed about any fee changes by regularly checking the WIPO website or official publications. WIPO provides detailed information on fee schedules, including any modifications, to ensure accurate payment of fees when filing Madrid Protocol applications.
Conclusion
The Madrid Protocol is an international treaty that allows trademark owners to seek protection for their trademarks in multiple countries through a single application. The treaty simplifies the trademark registration process by eliminating the need for separate applications in each country, saving time and costs for trademark owners. The Madrid Protocol is administered by the World Intellectual Property Organization (WIPO) and has over 100 member countries, including India. In case of any service-related queries or if you feel the need to get in touch with a legal expert, Vakilsearch is there to assist you with the same. Experience the simple, hassle-free and quick legal services at Vakilsearch.
FAQs on Madrid Protocol Fees
Is India part of Madrid Protocol?
Yes, India is a member of the Madrid Protocol. Indian trademark owners can use the Madrid Protocol to seek international protection for their trademarks in multiple member countries.
How much does it cost to register a trademark in India?
The cost of trademark registration in India can vary depending on several factors, such as the number of classes of goods/services, the filing basis, and the complexity of the application. It is advisable to consult with a professional from Vakilsearch for guidance to determine the specific costs involved.
How much is Madrid Protocol renewal?
The renewal fees for international trademark registrations obtained through the Madrid Protocol vary based on factors such as the number of classes and the designated country. The specific fee amounts can be determined with the help of experts from Vakilsearch.
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