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What is the Madrid Protocol Fees for International Trademark?

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Last Updated on June 12, 2024 by D. Lalitha B.com B.L (Hons)

WIPO manages the Madrid Protocol, which helps protect Trademarks globally. With one registration, owners may protect their Trademarks in various nations, saving time and money. This means they don’t have to apply separately in each country. Knowing how fees work for registering in India is crucial.

Merits of Registering a Global Trademark in India:

There are several merits of Trademark registration in India, including:

  • Legal Protection:
  • Registration in India provides protection for your Trademark within the country’s borders, ensuring exclusivity and legal rights.
  • Market Access:
  • India provides access to a large and diverse market, allowing you to tap into the country’s growing economy and customer group.
  • International Recognition:
  • Registering a global Trademark in India enhances your brand’s credibility and recognition on a global scale, signaling legitimacy and reliability.
  • Enforcement Mechanisms:
  • India’s legal system offers robust enforcement mechanisms to protect your Trademark rights, providing a means of redress for violations, and unauthorized use.
  • Strategic Advantage:
  • Establishing a presence in India strengthens your brand’s position in the global marketplace, providing tactical benefits for expansion and growth.

The Required Paperwork Needed for Global Trademark in India:

The blow is the important paperwork needed for filing a Trademark application in India:

  • Trademark Application Form:
  • Complete and submit the prescribed Trademark application form, providing details about the Trademark and its owner.
  • Trademark Specimen:
  • Include a specimen or representation of the Trademark, demonstrating how it will be used in commerce.
  • Power of Attorney:
  • Provide a power of attorney authorizing a Trademark attorney or agent to act on behalf of the applicant during the registration process.
  • Proof of Claim to Priority (if applicable):
  • Provide documentation proving a valid claim to priority if the application is based on an earlier filed application in another country.
  • Proof of Trademark Use (if applicable):
  • If the Trademark is already in use, provide evidence of such use, like invoices, packaging, or advertising materials.
  • Translation and Transliteration (if applicable):
  • If the Trademark contains non-English characters, provide translations or transliterations as required by the Trademark office.
  • Fee Payment Receipt:
  • Provide evidence of payment for the prescribed application and registration fees.
  • Identity Proof:
  • Submit valid identification documents of the Trademark owner or authorized representative.
  • Address Proof:
  • Provide documents verifying the address of the Trademark owner or authorized representative.
  • Other Supporting Documents:
  • Any more documentation required by the Trademark office, depending on the specifics of the application.

Fees & Remittance of the Madrid Protocol in India for International Trademark:

The fees and payment for the Madrid Protocol, governing International Trademarks, are determined by WIPO, the supervising organisation. These fees encompass a minimal charge for filing the International Registration, supplemented by a fee for each designated country and a renewal fee every 10 years. The minimal charge stands at 653 Swiss francs, similar to ₹56,716 in India. Fees vary depending on the number of designated countries and the categorization of the applicant, payable in Swiss francs or the designated country’s currency. Payment methods include WIPO’s online platform, bank transfers, or credit cards. It’s crucial to assess these fees meticulously and think about looking for guidance from a Trademark attorney to ensure a seamless and successful registration process

Madrid Protocol Fees: Types of Fees:

The fees associated with an application for international registration under the Madrid System consist of three components:

  • Basic Fee:
  • Charged for the international registration of a Trademark under the Madrid Protocol.
  • Amount determined by the International Bureau of WIPO and varies based on the designated contracting parties.
  • Complementary Fee:
  • Applicable if more contracting parties are designated after the first global registration.
  • Calculated based on the number of new contracting parties added to the registration.
  • Individual Fees:
  • Charged by each designated contracting party for analysing and processing the international application.
  • Fees vary among different nations or regions and are subject to change over time.
  • Subsequent Designation Fee:
  • Imposed for adding new contracting parties to an existing international registration after the first time of registering.
  • Amount depends on the number of further contracting parties designated.
  • Renewal Fee:
  • Charged for renewing the international registration after the first ten-year period.
  • Determined by the International Bureau and may vary depending on the designated contracting parties.
  • Transformation Fee:
  • Applicable if the international registration is changed to a unique national or regional application.
  • Amount varies and is subject to the fee schedule of each designated contracting party.

Fee Amounts:

Before commencing your application, make use of the Fee Calculator for a calculation of payable costs, taking into account the services offered details and the Schedule of Fees. Keep in mind that all fees need to be paid using Swiss francs. Generated estimates serve informational purposes and rely on current data. For accurate evaluations, consult Kanakkupillai IP experts. Applicants from the least Developed Countries (LDC) qualify for a 90% reduction in the base cost and providing assistance and aid to countries that qualify

Where to Submit Madrid Protocol Fees?

  • Fees for international Trademark registration are typically remitted to WIPO, except for specific Contracting Parties.
  • Some Contracting Parties allow applicants to directly submit fees to their Office of Origin.
  • Identification of these Contracting Parties allowing direct fee submission is facilitated by declarations, particularly declaration (m) under Rule 34(2)(b).
  • Non-payment or incomplete payment of fees leads to the issuance of an irregularity notice.
  • The notice includes a payment deadline, often in three months.
  • Failure to completing within the allotted period yields in the application being deemed abandoned.
  • Contacting the relevant Intellectual Property Office directly is advisable for guidance on submitting fees.

Madrid Protocol Fees: Payment Methods:

  • Madrid Protocol fees can be resolved utilising a variety of payment methods.
  • Accepted payment techniques usually include of bank transfers, credit cards, and online payment systems.
  • WIPO provides a safe online payment platform for convenient fee submission.
  • Bank transfers provide a different approach for transferring funds directly to WIPO.
  • Credit card payments are commonly accepted and safely completed for fee settlement.
  • Prior to making payments, ensure compliance with WIPO’s guidelines and rules pertaining to payment methods.
  • Verify the accepted payment methods for specific fees and transactions on WIPO’s official website or make direct contact with WIPO.

Conclusion:

Navigating the Madrid System and its associated fees can be daunting, but understanding them is important for a seamless international Trademark registration. Knowing the diverse fee types aids in informed decision-making and effective budgeting. Asking for advice from legal professionals or Trademark experts ensures clarity on Madrid Fees. Remember, proper Trademark protection is an investment protecting your intellectual property rights, fostering brand success globally.

FAQs

  1. What fees apply to Madrid Protocol Trademarks internationally?

The fees for the Madrid Protocol include the basic application fee, supplementary fees for each designated country, and subsequent renewal fees.

  1. What is the basic application fee for the Madrid Protocol?

The basic application fee varies depending on the applicant’s country of origin and the number of classes of goods/services specified in the application.

  1. Are there additional fees for designating multiple countries under the Madrid Protocol?

Yes, supplementary fees are charged for each designated country, which can vary depending on the specific nation’s tariff schedule.

  1. Madrid Protocol renewal fee calculation?

Renewal fees for international Trademarks registered under the Madrid Protocol are typically based on the number of designated countries and classes of goods/services.

  1. Where locate Madrid Protocol Trademark fees?

Apart from application and renewal fees, additional charges may apply for changes, corrections, or other actions related to the international Trademark registration. It’s advisable to consult with the relevant Trademark office or a legal expert for comprehensive fee information.

  1. Where are Madrid Protocol trademark fees detailed?

Detailed fee schedules and guidelines for international Trademark registration under the Madrid Protocol can usually be acquired from the website of the World Intellectual Property Organization (WIPO) or the Trademark office of your country.

D. Lalitha B.com B.L (Hons)

D. Lalitha B.com., B.L (Hons)., MBA., PGDIPL is a seasoned legal professional with extensive experience in contract drafting and reviewing, now ventures into the realm of content writing. With 6 years of experience, she brings a deep understanding of complex legal concepts and a knack for clear communication. Eager to leverage her expertise to craft compelling legal content, she committed to producing informative and engaging articles that resonate with diverse audiences.