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CS Professional · Intellectual Property Rights - Law and Practice · Trademarks

Meera Textiles Pvt Ltd, an Indian company, has a trade mark registered in India under section 23 of the Trade Marks Act, 1999. It wants protection in several other countries that are party to the Madrid Protocol. Under the Act, which statement is correct?

An Indian registered proprietor can make an international application on the Common Regulations form, using its Indian registration as the basic registration. The Act requires only a pending application or a registration, not renewal or well-known status.

  1. AMeera Textiles may make an international application on the form prescribed by the Common Regulations, using its Indian registration as the basic registrationCorrect
  2. BMeera Textiles may apply only after the Indian registration has been renewed at least once
  3. CMeera Textiles must file a separate national application in each country, as the Act gives no route for an international application
  4. DMeera Textiles may apply only if its Indian trade mark is a well-known trade mark

Explanation

Section 36D(1) allows an applicant whose application under section 18 is pending, or a registered proprietor under section 23, to make an international application on the form prescribed by the Common Regulations. No renewal or well-known status is required. A registered mark serves as the basic registration.

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