Insights: Update on India joining the Madrid Protocol

Today, 29 May 2013 three notices were made available on WIPO’s website (www.wipo.int) regarding India’s accession to the Madrid Protocol. The fee for designating India has not yet been released but the information available today is as follows:

• India will have 18 months to notify of a provisional refusal.  A provisional refusal resulting from an opposition may be notified after the expiry of this 18 month time limit.
• India will charge an individual fee, yet to be decided, rather than the set complementary fee.
• India has filed the declaration referred to in Article 14(5) of the Protocol, whereby the protection resulting from any international registration effected under the Protocol before the date of entry into force of the Protocol with respect to India cannot be extended to it.
• A Declaration of Intention to Use the mark will be required when designating India. Such a Declaration is already required when designating Ireland, New Zealand, Singapore or the United Kingdom.
• The recording of a licence in the International Register has no effect in India. As such, a licence will need to be recorded in the National Register of the Office of India.