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

Rohan Handicrafts, a Jaipur exporter, brands its goods and wants one international trademark filing based on its Indian registered mark. India is a party to the Madrid Protocol. A consultant says that if the Indian base mark is wholly cancelled within five years of the international registration, what is the consequence under the Madrid system?

The international registration falls with the basic mark if the Indian mark is wholly cancelled within five years. This dependency is called central attack. The holder can, however, convert the international registration into separate national applications in the designated countries and keep the earlier date.

  1. AThe international registration is unaffected because it is independent from the start
  2. BThe international registration is also cancelled to the same extent, though the holder may convert it into national applicationsCorrect
  3. COnly the Indian designation is affected, since India cannot be the office of origin
  4. DThe international registration continues for a further ten years automatically

Explanation

Under the Madrid system the international registration depends on the basic mark for five years (central attack). If the basic mark ceases to have effect in that period, the international registration is cancelled to the same extent, but the holder can transform it into national applications retaining the date. The independence claim is wrong during the five-year period.

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