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CS Professional · Intellectual Property Rights - Law and Practice · Role of International Institutions

Kaveri Spices, a Chennai firm, holds an Indian trademark registration and wants protection for the same mark in several foreign countries through one application filed with the Indian Trade Marks Registry as office of origin. India's accession to which instrument makes this route available?

The Madrid Protocol is the instrument. India's accession lets an Indian applicant file one international trademark application through the Indian Trade Marks Registry, based on a basic Indian mark, and designate other member countries. Berne and Rome concern copyright, while Nice only provides classification.

  1. ABerne Convention
  2. BMadrid ProtocolCorrect
  3. CRome Convention
  4. DNice Agreement alone

Explanation

India acceded to the Madrid Protocol in 2013, so Indian applicants may file an international trademark application through the Indian Registry based on their basic Indian application or registration, designating other member countries. The Berne Convention concerns copyright and the Rome Convention concerns related rights. The Nice Agreement only supplies the classification of goods and services and does not give a filing route.

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