Recent News from Intellectual Property and Competition Law

As of July 8, 2013 protection for India can be claimed in an International Trademark Registration

From July 8, 2013 trademark applicants may also claim protection for India when filing an international trademark registration. India acceded to the Madrid Protocol as the 90th Member State of the Madrid System.

In consequence, the priority of the basic application may be claimed for all national trademarks applied for on or after January 8, 2013.

From then onwards 89 countries as well as the European Community can be designated in the international register at the International Bureau in Geneva. Among the 20 most important industrialised countries and emerging economies besides Germany, the following states are members of the international trademark system: USA, China, Japan, Russia, Australia, Mexico, South Korea, Turkey as well as the Member States of the European Union. Furthermore, the non-EU-states Switzerland and Norway joined the system.

Short explanation of the international trademark system

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).

The advantage of an international trademark application is that the formalities for obtaining trademark protection are facilitated significantly. The Madrid system enables trademark owners to extend protection of their national trademarks to several countries by simply filing one application with the International Bureau in Geneva. Protection for an international trademark is equivalent to registration of the same mark directly in each of the countries designated by the applicant. Not only with regard to costs obtaining an international registration is in general more advisable than filing individual applications in each country.

 

Please contact the lawyers of the area of Intellectual Property / Competition Law for further information.

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