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

Rohan Foods Ltd has an Indian trademark registration (basic registration). It files an international application under the Madrid Protocol designating Japan. Within five years of the international registration, the Indian basic registration is cancelled in full after a successful central attack. What is the effect on the international registration?

The international registration is affected. During the first five years it depends on the basic mark, so cancellation of the Indian registration leads to cancellation of the international registration to the same extent. The holder may then transform it into national applications, but conversion is not automatic.

  1. AThe international registration remains fully valid, since it is independent of the basic mark
  2. BThe international registration is affected and may be cancelled to the same extent, though it can be transformed into national applicationsCorrect
  3. CThe international registration continues only in Japan but lapses in India alone
  4. DThe international registration is converted automatically into a Japanese registration

Explanation

Under the Madrid Protocol, for five years from the international registration date the international registration depends on the basic mark (central attack). If the basic mark ceases to have effect, the international registration is cancelled to the same extent. The holder may transform it into national applications in designated countries, keeping the original date. It is not automatically converted.

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