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

Sunrise Foods, an Indian firm, registered a mark in India and wants it protected abroad through one international application based on its Indian registration. Within the Madrid system, which statement is correct?

Under Madrid, the international registration stays dependent on the Indian basic mark for five years. If the basic mark ceases within that period, the international registration is affected, known as central attack. Protection covers only designated countries, and filing is through the office of origin.

  1. AThe international registration is independent of the Indian base mark from the start
  2. BIf the Indian basic mark ceases within five years of the international registration, the international registration is affected (central attack)Correct
  3. CThe international registration gives a patent-like monopoly in non-designated countries
  4. DThe application must be filed directly with WIPO bypassing the Indian Office

Explanation

Under the Madrid system, for five years the international registration depends on the basic mark; if that ceases, the international registration falls to that extent (central attack). Applications go through the office of origin, and protection extends only to designated members.

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