India Joins the International Trademark System
Geneva, April 8, 2013
PR/2013/734
India’s Minister for Commerce and Industry Anand Sharma today
deposited his country’s instrument of accession to the Madrid Protocol
for the International Registration of Marks at WIPO, bringing the total
number of members of the international trademark system to 90. The
treaty will enter into force with respect to India on July 8, 2013. The
Madrid System for the International Registration of Marks (Madrid system)
offers trademark owners a cost effective, user friendly and streamlined
means of protecting and managing their trademark portfolio
internationally.
Minister Sharma (center) presents to Mr. Gurry India’s instrument
of accession to the Madrid Protocol (Photo: WIPO/Berrod)
Minister Sharma said “We recognize that this instrument will provide
an opportunity for Indian companies, which are increasing their global
footprint, to register trademarks in member countries of the Protocol
through a single application, while also allowing foreign companies a
similar dispensation.”
WIPO Director General Francis Gurry welcomed
India’s accession, noting that “India’s accession to the Madrid system
is a major milestone in bringing us closer to transforming the Madrid
System into a system with truly global reach.” He noted that “India’s
participation in the Madrid system gives brand owners around the world
the ability to extend their protection to the important Indian market,
through a single, simplified and cost-effective procedure.”
India is the 14th of the G-20 economies to accede to the
Madrid Protocol. Mr. Gurry said “India’s accession to the international
trademark system, as with the recent accessions by Colombia, Mexico, New
Zealand and Philippines, signals an era of significant geographical
expansion of the Madrid system, which offers greater benefit to right
holders worldwide.”
The Madrid system is equally attractive to large businesses as well
as small and medium-sized enterprises, which are the largest users of
the system. In the midst of current global economic conditions, the
Madrid system has shown signs of strength, evidence of its advantages in
protecting trademarks internationally. 2012 saw the highest number of international trademark applications ever filed under the Madrid system,
with 44,018 applications, or a 4.1 % increase compared to
2011. Furthermore, a record number of 41,954 international registrations
were recorded.
Mr. Sharma also took part in a high level policy dialogue at WIPO,
where he spoke on the subject “Innovation and Development: The Indian
Experience.” Members of the Geneva diplomatic community, including
ambassadors, took part in the dialogue.
Background
Under the WIPO-administered Madrid system, a trademark owner may
protect a mark in up to 88 countries plus the European Union with its
Community Trade Mark (CTM) by filing one application, in one language
(English, French or Spanish), with one set of fees, in one currency
(Swiss Francs). Applicants wishing to use the Madrid system must apply
for trademark protection in a relevant national or regional trademark
office before seeking international protection. An international
registration under the Madrid system produces the same effects as an
application for registration of the mark in each of the contracting
parties designated by the applicant.
If protection is not refused by the trademark office of a designated
contracting party, the status of the mark is the same as if it had been
registered by that office. Thereafter, the international registration
can be maintained and renewed through a single procedure. Thus, the
system provides a cost-effective and efficient way for trademark holders
to secure and maintain protection for their marks in multiple
countries.
Trademarks are a key component of any successful business marketing
strategy as they allow companies to identify, promote and license their
goods or services in the marketplace and to distinguish them from those
of their competitors, and cement customer loyalty. A trademark
symbolizes the promise of a quality product and in today’s global and
increasingly electronic marketplace, a trademark is often the only way
for customers to identify a company’s products and services. Trademark
protection hinders moves to “free ride” on the goodwill of a company by
using similar distinctive signs to market inferior or similar products
or services. Loss, dilution or infringement of a high-value trademark
could prove devastating to a business.
The international trademark system is governed by two treaties,
namely, the Madrid Agreement Concerning the International Registration
of Marks (1891) and the Madrid Protocol Relating to the Madrid Agreement
Concerning the International Registration of Marks (1989).
For further information, please contact the Media Relations Section at WIPO:
- Tel: (+41 22) - 338 81 61
- Fax: (+41 22) - 338 81 40
Source; WIPO Website.
