'Trademark Act must be amended for quick registration'

India will have to amend its Trade Marks Act to get access to the Madrid Protocol that would help companies to speed-up registration of trade marks globally.

MUMBAI: India will have to amend its Trade Marks Act to get access to the Madrid Protocol that would help companies to speed-up registration of trade marks globally, a senior government official has said.

Administered by Geneva-based World Intellectual Property Organization (WIPO), the Madrid Protocol offers a trade mark owner the possibility to have his trade mark protected in several countries by filing a single application with the local registration office.

"The Act should be amended for the accession (to the Madrid Protocol). Once India becomes a member, any company can apply for the registration internationally," Controller General of Patents, Designs, Trade Marks and Geographical Indications, V Ravi, told a CII-Seminar.

"Even if the application is pending in the Indian Trade Mark Registry Office, global protection under the Madrid system can be availed of by Indian companies with the country becoming a member of the Madrid Protocol," Ravi said.

The Trade Mark Amendment Bill, which is currently with Parliament, also has a proposal to effect an 18-month deadline for trade mark applications submitted by domestic companies, Ravi said.

"After the amendment, an 18-month deadline will be applicable for Indian companies applying for trade marks," Ravi said. At present, there is no such deadline for registering the trade marks of Indian companies, he said.
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Besides, the entry into the internationally recognised Madrid Protocol system will also allow Indian companies to apply for the registration in multiple destinations from their local office, WIPO's Senior Counsellor, Alan Datri, said.
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