Overview of International Trademark Registration
Trademark registration is limited to territories. That is to say, for each country where you want to mark your presence you have to apply for separate trademark application. It is essential for you to proceed at speed. Any national trademark registration ends at the end country’s boundary it does not allow its owner to entertain the rights of trademark registration outside the nation boundaries.
The Madrid Protocol which was introduced in the year 1996 with the aim to register a mark under multiple nations. The Madrid agreement tells about the system of international trademark registration. All you have to do is file an application for International Trademark Registration through the trademark office of the applicant.
International trademark registration application under the Madrid Protocol must be recorded by the trademark applicant through the trademark office of the applicant, know as the workplace of origin. If there should be an occurrence of Indian Businesses, the Office of Registrar of Trademark, India is the workplace of origin. The office of origin will process the trademark application and record it with the Intellectual Property Organization at Geneva.
If your trademark application is found perfect as per norms, then your mark, logo, or word is ready to be recorded in the International Register and can be published in the World Intellectual Property Organization (WIPO) Gazette of International Marks. The International Bureau at that point gives a certificate of international registration and tells every one of the nation contracting to the Madrid Protocol for which security has been mentioned by the trademark candidate. Every one of the nations trademark office has the privilege to deny security of the imprint by advising to the International Bureau inside as far as possible indicated in the Madrid Protocol. The Madrid Protocol has set severe time limits points of 12 or year and a half for issues with be raised by the designated offices.
International Trademark Registration
Benefits of International Trademark Registration
- Legal Protection
International Trademark registration legally protects you, in case of any infringement doubt it is easy for you to prove yourself legally right in the court. Before choosing the legal way to fight against infringement makes sure that you have registered the word, slogan or logo.
- Business Opportunity
Trademark works as an intangible asset and plays a crucial role in the growth of your brand. A successful trademark provides your business an opportunity to earn money and fame. Businesses like Nike or McDonald’s has earned royalties via licensing agreement.
- Unique Identity
Globally your product gets recognition via international trademark registration. Registration is the initial step towards ensuring this.
- Beneficial for Online Operators
International Trademark Registration plays a crucial in the growth of e-commerce business. If you are involved in selling products online then somehow it paves the way for your product to be available to international consumers.
Once you have got recognition in the international market it becomes feasible for your trademark to gain popularity among masses. It is wise of you to get International Trademark Registration done before any other nation, where your products are available, try to confuse the buyers by using the similar or inspirational design as yours to influence the buyers.
- Changes and Renewal
Once you have International Trademark Registration it becomes valid for 10-years from the date of registration. Though, it is easy to access changes and renewal facility. For the renewal purpose all you have to do is file the same application form which you have submitted to WIPO.
- Protects Your Brand during Export/Import
International Trademark registration safeguards your brand from counterfeits. In case of any infringement conducted during import or export you entertain the right to take legal action against such infringement.
Basic Requirements to file for International Trademark Registration
To meet the registration requirement, make sure that you:
- have a business in a Contracting Party
- be domiciled in a Contracting Party
- be a national of a Contracting Party
Note: In order to use Madrid System, you need to have a connection with one of its members (known as “Contracting Parties”). This connection will help you in determining your office of origin.
For instance, if you are a national of, or have a business in Australia, your association will be with Australia (an individual from the Madrid System) and in that case you must file your application via Australia's Intellectual Property (IP) Office.
Registration Procedure of International Trademark Registration
- Applying Through National Trademark Office (Office of Origin)
Make sure that you are registered before filing an international application, if not, then file an application in the Trademark and IP office of the country. This ground level filing of an application is called Basic Trademark Application. Once you are done with the proceeding of Basic Trademark Application, you can apply for International Trademark with the help of the same office, which will later forward it to WIPO.
- Examination by WIPO
WIPO (World Intellectual Property Organization) goes through your application. When approved, your international mark is recorded in the International Register and distributed in the WIPO Gazette of International Marks. At that point, WIPO will send you an authentication of your international registration and tell the IP Offices in all the domains where you have applied to have your mark secured.
Do take note of that the extent of assurance of a worldwide enlistment can't at this phase in the process. It is just decided after substantive assessment and choice by the IP/Trademark Offices in those domains.
- Examination by National Offices
The IP Offices of the regions, where you need to ensure your mark, will choose, within the appropriate time limit (12 or 18months) after their enactment. WIPO will enlist the choices of the Trademark Offices in the International Register and notify you.
If an IP Office won't secure your mark, either completely or partially, this choice doesn't influence the choices of different Offices. You can challenge a refusal choice straightforwardly before this Trademark Office concerned under its legislation. If an Office acknowledges to ensure your mark, it will give an announcement of award of insurance.
This International Trademark is legitimate for 10-years. If you want, you can renew the registration at the end of 10 years.
Processing time in every nation varies, yet none takes longer than year and a half. In the event that the trademark doesn't get dismissed within this period, it is viewed as registered in the nation concerned.
Your application will get prepared in every one of the domains you have picked. The authorities will educate you if the trademark has either been regarded legitimate or rejected registration in their nations. A letter of refusal will contain data about the progressions required in the application or different purposes behind refusal. What's more, a period limit inside which to finish the changes. Various nations would have various practices about what is satisfactory in the determination of goods and services.
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Frequently Asked Questions
A system that governs International Registration of Trademarks
World Intellectual Property Organisation or WIPO will officially look at your trademark application. Though, each contracting party (nation/domain), in which you have applied, will have the chance to inspect the application under their framework. Inferring that you despite everything should manage various contracting workplaces in various nations.
Any individual or business entity having a real and effective industrial or commercial establishment.
Yes, India joined Madrid Convention in the year 2013.
Trademarks, copyrights, and patents secure different sorts of Intellectual Property (IP). A trademark commonly ensures brand names and logos. A copyright ensures unique imaginative work. A patent secures an innovation.