Trademark protects the registered proprietor of trademarks by assuring and providing them the exclusive important rights to use and identifying and recognizing their goods and services from the others and giving others the rights to use it in return for payments. It acts as a weapon for the trademark’s registered proprietor to debar or stops other persons from unlawful and misuse of such trademark of the registered owner.
The Madrid Protocol was introduced in the year 1996 to register a mark under the different nations. The Madrid agreement signified and gave an idea of the system of international trademark registration. In case you also prefer the same mark registration in different nations, you have to apply for an application for International Trademark Registration through the trademark office of the applicant.
An Overview of the Madrid Protocol
The International trademark registration application under the Madrid Protocol must be record by the trademark applicant through the trademark office of the applicant, also known as the workplace of origin. Under certain circumstances in Indian businesses, the Office of the Registrar of Trademarks of India considered as the workplace of origin. The Office of origin place processed the application of trademark & records it with an intellectual property organization in Geneva.
Rules Satisfying the Madrid Protocol
In case your application for the trademark satisfies the rules given under the Madrid Protocol, then the said logo, mark, or the word shall be ready to publish in the International Register and also published in the World Intellectual Property Organisation, under the WIPO Gazette of International Marks.
The international trademark agency will provide you a certificate for the same and shall communicate further about the international registration to each and every nation who is engaged with the Madrid Agreement so as to provide the safeguard to the applicant registered trademark from getting infringed.
Every member nation’s of the trademark office has the privilege to deny security by advising to the International Bureau as mean possible way prescribed under the Madrid Protocol. The Madrid Protocol has set specific important time limits points of 12 or year and a half for issues raised by the designated offices to register international trademark
Benefits to Register International Trademark
These listed safeguards are the benefits to register the brand international trademark.
Internationally registered trademark guaranteed to protect you legally, in case you find that your registered trademark is being infringed by others and you have countered the issue.
Thus in such possibility, it becomes very easier to fight against the wrongs of the infringers through a legal approach before the court of law and you must have the certificate of registration which works as proof yourself correct and authorised owner of such registered word, logo or slogan.
Trademark is an intangible property of the registered owner and plays a dominant role in the growth of the business of the owner. A registered trademark furnishes several options for the registered owner to create money and make his name and fame in the market. Brand like Adidas and Reebok provides royalty to their owners via licensing agreement.
If your trademark has registered globally under the international trademark registration, then you will be known a global recognition of your goods and services. For such opportunity, the registration is the beginning way to ensure such facilities.
Benefits for Online Operators
International trademarked acts as a dominating factor for the growth of e-commerce business. If you involves in selling your goods and services through an online platform, then it will clear the path for your product to get available for international clients.
When you received the recognition among international market then it will became better enough to attract the consumer globally and your registered international trademark shall be renounced among the masses. Thus it will be better and so wise to get enrolled for the International Trademark Registration prior from any other nation, where you export your products and the local traders of that nation try to create dilemma in the buyers by using the similar design as yours.
Changes & Renewal
Once your application for the trademark internationally accepted and got scrutinized with the proper examination of the appropriate authority, your international trademark shall be valid for tenure of 10 years from the date of registration.
In case you find any changes in it and want to extend the renewal tenure of the trade mark, it becomes very easier for you. In order to renew your international trademark, you have to file the same application form accordingly to the rules specified by the authority and to submit it before the WIPO for such concern.
Protects Your Brand during Export/Import
An international trademark is very much helpful and acceptable over the planet in all spheres and usually safeguards your interests during the import and export process.
In case, somehow you got the news of an infringement on your brand conducted during the import and export process, then you have possibly held the rights to be entertained against the unauthorized users in the court of law for appropriate legal actions for such infringements.
Procedure of Registering the International Trademark
The below discussed is the procedure of registering the trademark in foreign countries, which are as follows:-
Apply Through National Trademark Office (Office of Origin)
It’s necessary to get registered prior to applying for an International trademark. If you do not have the registration of trademark then file for it, through a trademark application in your country at the Trademark and Intellectual Property office. The above-said level of filing an application is the ‘Basic Trademark Application’.
Once you applied your application and done with the proceeding of trademark registration in your country, then you becomes eligible for the registration of an international trademark under the support and guidance of the same trademark office, which will later forward your application for an International trademark to the WIPO.
Examination Conducted By WIPO
The WIPO (World Intellectual Property Organization) shall go through your request for an International trademark registration. As your application gets approved, your trademark shall be recorded in the International Register and published in the WIPO Gazette of International trademarks.
The WIPO will also send you an authenticated confirmation of your international trademark registration and also informs the IP offices in all the domains where you have applied for your trademark to be secured.
Kindly note that the extent of assurance of global enlistment can’t be done at this phase. It is the discretion of the authority to hold a substantive assessment and choice by the IP/Trademark offices in those domains.
Examination Conducted By National Offices
The IP offices of your selected regions, where you wish to ensure your trademark within the appropriate time limit (12 or 18 months) after their enactment. The WIPO shall enlist the choices of the Trademark offices in the International Register and notify you.
In case, IP offices don’t secure your trademark, either completely or partially, this choice of IP office shall not influence the choices of different offices. You possess the right to challenge the refusal of acceptance of such offices straightforwardly before the concerned trademark office under its legislation.
If an office accepts and acknowledged to ensure your mark, then it will assure you with a confirmation or awards your insurance for the same. The international trademark is valid for 10 years and in case you want it furthermore, then you have to renew you accordingly at the end of 10 years.
What are the Reasons to Protect Trademark Internationally?
The most challenging aspects of protecting a trademark in today arena is protecting the trademark at international level. Because it is impossible to register a trademark in every country, a trademark owner must register its trademark rights in each country where it seeks protection.
The below discussed are the reasons that support the importance of trademark registration for United States businesses in other countries around the world:
- If you operate online business, your products may more easily reach worldwide customers.
- You may be more vulnerable to counterfeiters based internationally.
- Your supply chain may include international commercial activities.
Trademark registration is limited to territories. Any national trademark registration ends at the end of country’s boundary. It does not allow its owner to entertain Trademark Registration’s rights outside the national boundaries. That is to say, for each country where you want to mark your brand presence, you have to go through a separate trademark application process. You have to follow the procedure set by the other country for trademark registration. International trademark registration will give recognition and protection to your brand worldwide. Kindly associate with the Corpbiz expert to know more about the benefits to register international trademark
Read our article:List of Important Judgments under Trademark that You Must Know!