We
previously reported that India was scheduled to become the
90th member of the Madrid Protocol Concerning the
International Registration of Trademarks (the
"Protocol"). We noted that this was a gratifying
prospect, since India's National Trademark Office is
notoriously overburdened and slow-moving. Under the Protocol,
a country is typically required to examine a registration request
within 12-18 months. If the country does not raise any
objections within this period, the mark is deemed registered in its
territory. In other words, the Protocol provides an incentive
for timely examination, and creates a situation in which national
inertia is on the side of the applicant.
India's accession to the Protocol took effect on July 8,
2013. There has been no word yet of any problems.
However,
concerns have been voiced. India's Trademark Office
continues to be understaffed, employing only half of the personnel
deemed necessary for optimal functioning. In the past,
