INTA Bulletin

February 1, 2010 Vol. 65 No. 3 Back to Bulletin Main Page

INDIA: Step Taken Toward Accession to the Madrid Protocol

On December 18, 2009, the Lok Sabha (Lower House of Indian Parliament) gave its accord to the Trade Marks (Amendment) Bill, 2009, laying the foundation for a simplified process of registration of trademarks in the country. With this approval the Madrid Protocol crossed the first obstacle toward implementation in India.

The Bill seeks the following significant changes:

• Prescribe a fixed period of 18 months for the registration of trademarks, confirming the provisions of the Madrid Protocol.
• Omit Chapter X of the Trade Marks Act, 1999, dealing with special provisions for textile goods, as it has become irrelevant.
• Provide a uniform time limit of four months for opposing published applications by removing the discretion of the Registrar to extend the time for filing the notice of opposition.
• The provisions imposing restrictions on assignment or transmission that would create multiple rights or rights in multiple jurisdictions have been omitted in the Bill to simplify the process of transferring ownership of trademarks and to bring the law generally in tune with international practice.
• Incorporate into the original Act a new Chapter IV A, spelling out special protection for International Registrations under the Madrid Protocol.

In order to implement the Madrid Protocol, the Trade Marks Registry offices need to enlarge infrastructure, human resources and data management at various levels. The government has already taken steps in this regard, and a proposal for the modernization of the offices to put them on a par with global standards has been submitted to the competent authority.

The Bill will now be introduced in the Rajya Sabha (Upper House of the Parliament); once approved there, it will be sent to the president. The Bill will become an Act of Parliament after receiving the assent of the president.


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© 2010 International Trademark Association