PROCEDURE FOR INTERNATIONAL APPLICATION
WHO CAN APPLY?
A person including a legal entity who
1) Is citizen of India or domiciled in India
2) Has Real and effective industrial or commercial establishment in India
3) Has registration of Trademark in India or the Trademark application is pending in India
PROCEDURE FOR INTERNATIONAL FILLING THROUGH INDIA
1) The application procedure for International filing is strictly online and must be filed through Registrar of Trademark in English only.
2) The International application filing through India is available on www.ipindia.nic.in, where the form MM2(E) has to be filed.
3) A requisite handling fee for every single International application (irrespective of the number of designating countries) has to be paid online (Rs. 2000/international application)
4) The Trademark Registry will verify that the application is in line with provisions of the Madrid protocol before certifying and transmitting it to the IB of WIPO.
5) If the application has some discrepancies then the Trademark Registry will send the deficiency letter to the applicant through email. Once the applicant addresses the deficiencies he/she must upload the reply to deficiency letter along with the supporting documents (if any) through the gateway.
6) Once the application is transmitted to IB, the applicant must pay the fee for International application and the individual fee for designating countries directly to the IB of WIPO in Swiss Francs.
7) The IB upon reception of the application proceeds with the formality examination, in case of any irregularities; the IB intimates the irregularities to the Trademark Registry as well as the applicant. The applicant must reply to the letter of irregularities after rectification and must upload the reply along with the supporting documents (if any) through the gateway.
8) If the International application is found to be satisfactory, it is registered with the IB of WIPO, published in the WIPO gazette of international marks and transmitted to the offices of the designated Contracting Parties.
9) The IB then notifies the offices of the contracting parties in which protection has been requested, who in turn examine the international registration exactly the same way as an application filed directly in that office.
10) If a ground for objection is found or if an opposition is filed, the office notifies the provisional refusal to IB that the protection cannot be granted to the mark in that territory
11) If there is no such provisional refusal intimated in a given time or if the provisional refusal is withdrawn then the mark is protected with the respective contracting parties.
INTERNATIONAL APPLICATION DESIGNATING INDIA
1) If an international application designates India, upon publication of the application in WIPO gazette, it is notified to India, the particulars of the international applications will then be recorded in Trademark Registry database by giving a number starting with IRDI and ending with the date of international registration.
2) The international application is then treated as a national application and examined further.
3) Any person opposing the International application must file a notice of opposition to so published IRDI. The scanned copy of the 'grounds of opposition' must be uploaded through the gateway
4) If there is any provisional refusal or opposition, it is intimated to the IB of WIPO. The IB intimates the applicant of such provisional refusal which has to be responded in a limited time. The applicant has to request the Trademark Registry to reconsider his application and send a counter statement only through a patent agent.
5) If the opposition is withdrawn or there is no such provisional refusal in the prescribed time the international mark is registered, published and intimated to WIPO.
(Note: A person domiciled outside India who wants to designate India for International registration of marks must produce the declaration of intention to use Trademark in India)