Getting global trade mark to be easier

 Now, a person or an enterprise can seek registration of trade mark in any of the 84 member countries of the Madrid Protocol through a single application.

The Rajya Sabha today passed the enabling bill to amend the Trademark Act. The measure was passed by the Lok Sabha in December last year.

The amendment bill provides for simpler trademark registration process in the country.

It facilitates Indian and foreign nationals to secure simultaneous protection of trade marks in other countries. The trade mark registered in the country will be valid in most countries of the world.

"The amendment has been done just to align with the international practice. An Indian firm wishing to register in other countries can do so by filing single application and one time fee," Commerce Minister Anand Sharma said replying to a debate on the bill.

Presently, an applicant has to approach different countries in different languages with separate fee.

The new law would be in line with the provisions in the Madrid Protocol which enables nationals of its member countries to obtain trademark registration within 18 months by filing a single application. Around 84 countries are members of the protocol.

The Madrid Protocol is administered by the International bureau of the World Intellectual Property Organisation, a specialised agency of the United Nations.

India's accession to the protocol entailed the changes in the law. A new chapter has been included in the law for protecting international registration of trademarks. It empowers Registrar of Trademarks to deal with international applications originating from India as well as those received from other countries.

The new law omits special provisions to deal with textile goods saying it has now become redundant.

However, BJP suspected that the amendment was under pressure from the European Union. Party member Prakash Javadekar asked, "Have you succumbed to EU pressure to be part of the Madrid Protocol?"

He said the Indian economy would gain little from the amendment in the law.