INTA Bulletin

October 1, 2010 Vol. 65 No. 17 Back to Bulletin Main Page

INDIA: Parliament Gives Final Nod to the Madrid Protocol

On August 10, 2010, the Upper House of the Indian Parliament (Rajya Sabha) ratified the Trade Marks (Amendment) Bill, 2009, paving the way for the implementation of the Madrid Protocol in India. The Bill was passed by the Lower House of the Parliament last December.

The Parliamentary procedure with regard to the Protocol is complete, and the Trade Marks (Amendment) Act, 2009 will come into force subsequent to notification in the Official Gazette by the central government. This move has been generally welcomed by Indian practitioners, as it may encourage Indian companies to expand their overseas trademark portfolios.

The Indian Trade Marks Office has already taken steps toward enlarging the infrastructure and human resources at various levels to deal with an expected increase in official Trade Marks Office business. The Controller General of Patents, Designs and Trade Marks recently commented that 50 to 60 new examiners would be recruited. The registration time lines, which used to stretch to two to three years, have improved recently. Numerous applications have been published online by the Office, making available to the public all the relevant details of a mark. However, there remain serious concerns over the level of efficiency of the Indian Trade Marks Office that is necessary to ensure that the registrations comply with the 18-month examination period specified by the Protocol. The Office also must improve its ability to handle the large volume of pending opposition proceedings and the recordal of assignments.

The membership date will be announced soon once the Indian Trade Marks Office finalizes the rules and designates the officers.


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