Madrid Agreement Essay

2523 Words 11 Pages
I] Madrid Agreement
A] Background: There was a need felt to establish a system which would link the international registrations of trademarks. The international registration draft which was prepared in the Paris revision conference of Rome in 1886 was placed before the next round which was scheduled at Madrid. The international Trademark Draft which was placed at the Madrid Conference in 1890 was signed and adopted by nine countries in 1891. The following were the highlights: -
• Original draft of the registration process suggested by Switzerland.
• This proposal stated that there could be direct registration with the International Bureau.
• This proposal was resisted by the signatories and the Italian proposal was adopted.
• This proposal
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1. The clause for national registration was removed and the applicants can base their international applications on pending national applications.
2. The period for raising objections has been increased from twelve months to eighteen months. In the case of opposition, there can be a longer period available when notified to WIPO.
3. The national trademark offices are allowed to charge more fees than prescribed under the agreement, however when calculated in real terms the fees is much less than filing individual national applications.
4. The International registration and the related applications may get converted into national applications which will have the international registration date in the case of an international registration or any national application on which international registration is based and this happens during the first five
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Under the Madrid Agreement the international registration is dependent on the mark registered or applied in the office of origin. The international registration losses its protection if the basic registration ceases to have its effect, by voluntary cancellation or by decision of a court or there is o renewal, within five years. In the same way the international registration loses protection if it was based on application in the office of origin if it is refused or withdrawn within five year period, or the registration dependent on that application shall also cease to have effect within that period. The parties loose all their rights emerging out of such international registrations. The decision is published in the gazette and is notified to the parties after the office of origin notifies the International

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