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MADRID PROTOCOL PROVISIONAL REFUSAL IN INDIA

 

INDIAN IP LAWS

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MADRID PROTOCOL PROVISIONAL REFUSAL IN INDIA

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Provisional Refusal in India for Trademark application filed through the Madrid Protocol

 

When an applicant files an application for registration of its mark with its respective IP office, the latter notifies the same to International Bureau of World Intellectual Property Organization (hereinafter referred to as “IB of WIPO”). The IB of WIPO scrutinizes the applicant to ascertain its compliance with certain Madrid Protocol requirements. After scrutinizing the same, the mark is published in the International Gazette of Trade Mark and thereafter it is notified to designated countries.

 

If India is designated amongst other countries, the Indian Trade Marks Registry is notified by the IB of WIPO which shall record the details of the notification in its database and issue IRDI No (International Registration Designating India).

 

How an International trademark application designating India is examined?

 

The Indian Trade Marks Registry shall examine the International Registration Designating India (IRDI) as per the provisions of the Indian Trade Marks Act, 1999 and rules made thereunder.

 

How a Provisional Refusal for a Trademark application filed through the Madrid Protocol is communicated to the holder?

 

In case the mark in the International Registration is refused registration, the status of IRDI shall be changed to “OBJECTED” and the notification of provision refusal based on ex officio examination shall be forwarded to IB of WIPO.

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The IB of WIPO on receipt of notification of provisional refusal publishes the same in the WIPO Gazette along with an indication as to whether the refusal is total or partial. The notification of provision refusal is then forwarded to the holder of the International Registration requiring therein to respond to the notification within a period of one (01) month from the date of notification.

 

How to overcome Provisional Refusal of Trademark Application filed through the Madrid Protocol in India?

 

On receipt of notification of provisional refusal from IB of WIPO, the holder of International Registration to submit a response within a period of one (01) month from the date of notification through an Indian Attorney.

 

Thereafter, a hearing may be fixed (if required) and the same shall be conducted before the designated officer of the Indian Trade Marks Registry. After considering the response of the holder and after giving the opportunity of being heard, the designated officer may either refuse the IRDI or may accept the same.

 

What is the next stage after overcoming provision refusal for a Trademark Application filed through Madrid Protocol?

 

 On overcoming the provisional refusal, the IRDI shall be advertised in the separate part of the Trade Marks Journal which be open to public for a statutory period of 4 months for filing Notice of Opposition.

 

What are the reasons for which a Trademark Application filed through the Madrid Protocol in India may be rejected?

 

The IRDI may be rejected for the following reasons:-  

  •  If no response is given by the holder of IRDI within the stipulated time period;

  • If the examiner does not waive off the objection after considering the response and giving the opportunity of being heard to the holder of IRDI.

For more information on Franchising law in India please write to us at: info@ssrana.com


 
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