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Trademark Filing

An applicant filing for an international trademark registration needs to begin with home application or registration. Before filing an application, a trademark search must have conducted. The home application or registration must be filed for the same services for which international protection is sought. The governing bodies which manage international trademark registration are few. The most common of these bodies is called the Madrid Protocol, under which it covers more than 65 member countries. Additionally, trademarks can be protected in 16 African countries through the AOPI and in the European Union through the Community Trade Mark. An international application may be filed under the Madrid Protocol which may be filed by any entity or individual who is a domicile or national of a Madrid Protocol member country, or who has a "real and effective industrial or commercial establishment" there. Once the home application has been filed, the next thing is to file an international application in the applicant's home trademark office where the home application was made. This international application must contain a request for protection in any one of the Protocol member country and may contain up to 60 such requests. The fees for filing international application depends upon the mark and the number of countries an applicant wish to cover with his application. The home office will examine the international application only for some specified purposes. The filing date is also certified by the home office and then the international application is forwarded to WIPO. The services in respect of the filing of international application are provided by several organizations. These organizations offer the services like: services of surveillance, maintenance, and renewal; prepare and send warning letters in the case of trademark infringement; file opposition procedures at the trademark office and file cancellation applications at the trademark office.

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