3 steps to get your Trademark register internationally under WIPO through India.

Posted by Priyash Nigam on January 6th, 2020

Step 1 – Execute Form TM-48 for Authorisation of Agent/Attorney in a matter or proceeding under the Trademark Act.

Step 2 – Filling of Form TM- A for Application for registration of a trademark with requisite fees.

Particulars Required along with the Form –

· Copy of Logo

· Signed Form-48.

· Udyog Aadhar Registration Certificate.

· Incorporation Certificate or Partnership Deed.

· Identity Proof of Signatory.

· Address Proof of Signatory.

§ Pre-Condition to file an application for international registration of trademark under the Madrid Protocol through India, must be able to meet one of the following three criteria –

• The applicant should be a national of India, or

• The applicant should be domiciled in India, or

• The applicant should have a real and effective business or commercial establishment in India.

and

· The Applicant must also have a national trade mark application or registration of a trademark with the Indian Trade Marks Registry.

Step 3 – The International Application must be submitted on Form MM 2(E) as per instructions attached therewith, on line and through the system.

Note: Relevant legal provisions to proceed further for International Application for Trade Mark under the Madrid Protocol

· Section 36D of the Trade Marks Act 1999

· Rule 67D of the Trade Marks Rules 2002

· Article 2 & 3 of the Madrid Protocol

· Rule 9 of the Common Regulation

For any query regarding the process of trademark application, please feel free to get in touch with us at +91-9953955513 or write to us at ripple@bizlegal.in