Trademark

Tips For Filing an International Trademark Registration in India

calendar02 Mar, 2024
timeReading Time: 4 Minutes
Filing an International Trademark

A trademark is a mark, symbol, word, letter, number, etc, that is used to describe a brand in the market. The trademark is the face of the business, and through this, the business is recognized in the market, which leads to the sale of products or services, whichever the entity is offering. A Trademark registered in India can provide legal protection to the brand name only in the Indian Territory. Hence, if a person wants to protect the trademark of his/ her entity, then he/ she has to file an international trademark. After completing the International Trademark Registration process, no one can use that trademark in the global market, and if someone uses it, you will be able to sue that person and can take compensation for the same.

Benefits of Filing an International Trademark

When we go for filing an International Trademark, there can be a lot of benefits involved. These are –

Legally Protected

The registered trademark gets legal protection in the foreign country if anyone infringes the rights of the trademark holder by using their internationally registered trademark. Whoever has the ownership of the trademark can get compensation if his trademark is used by another individual without any authorization.

Bigger Market

When we proceed with Filing an International Trademark, the business growth and the opportunity to expand it increase multi-fold. The market is comparatively much bigger, and there are a lot of opportunities to get wide market access by generating profits. As soon as we proceed with Filing an International Trademark, we get the opportunity to enter the world of business, and if the product is quite good and different, the success rate increases.

The trademark holder can give the trademark authorization to other people internationally to use it for the sake of growth in brand recognition as well as sales.

Brand Protection in online sales

Many companies are in the online sales business, and if they are filing an international trademark, then they can enter the global market with no fear of brand copy and trademark infringement. The sales can increase, and the brand will be protected in other countries as well. By international trademark registration, the global recognition of the brands increases.

Tips for Filing an International Trademark Registration

There are certain Tips for Filing an International Trademark Registration, which the applicant must have a look at –

  • When your company gets registered, it is advisable to apply for trademark registration so that less time is taken for its approval, and you can use it to build your brand in the early stages.
  • When you apply for trademark registration, you should conduct thorough research on the mark for which you are applying. If the mark already exists, it can give you a chance to change it and save you from infringing the other trademark.
  • You should consult with any legal advisor before filing an international trademark. It gives you certain options.
  • You must choose a unique trademark, which is hard to copy by others intentionally or unintentionally.
  •  The trademark that you have opted for should clearly describe the type of product or services that you are going to provide.
  • You should avoid using an identical or quite similar trademark for your business name so that you can avoid any future complications and legal infringement.
  • While filing an International Trademark, it should be taken care that the logo or design should be attractive and distinct to the general public to gain more recognition.
  • When you make the application for trademark registration, you should put photographs of how you want it to be used.
  • You can submit the number of trademarks for various products to get them registered.
  • When the application is made, you should regularly check the official website of the trademark registry to know if the trademark is approved or not.

Process of Filing an International Trademark

The process of Filing an International Trademark is –

  • The applicant must submit the trademark registration application following the Madrid Protocol in the trademark office (office of origin).
  • The trademark’s office will submit the application to the Intellectual Property Organization, which is in Geneva.
  • If the mark submitted for the trademark registration gets approved by the organization, then it is published in the International Register and posted in the WIPO Gazette of International Marks to make it public.
  • The organization issues a certificate of registration of the trademark internationally and then notifies every country from which the applicant has asked for protection that has signed the Madrid Protocol.
  • The national trademark offices can decline the approval of the trademark in case they have any objections regarding it within the objection deadline as per the Madrid Protocol.
  • These objections from the national trademark offices should be submitted to the International Bureau in the prescribed forms of the Madrid Protocol.
  • If there are no refusals from the nations, then the trademark would be protected in the countries in the same manner as they are registered in that country only.
  • The registration period of the trademark is the same, that is, ten years from the date of renewal, and after that, it can be renewed by the applicant.

Conclusion

The trademark is a very effective tool for propagating your company or business, and the companies should register for a trademark as soon as possible. If you want to carry your business offshore, then it is highly advisable to go for the international trademark. It will not only increase the company’s sales but also build its brand name and reputation in the global market. If any entity or person tries to use your internationally registered trademark in another country, then they would be liable for hefty fines and compensation. You can reap several benefits by registering your trademark in the international circuit.

Corpbiz helps these individuals/ entities in filing an International Trademark to protect their name and get the trademark while following compliance requirements. Corpbiz provides the best and most cost-effective services to its clients for any help in their business. The talented and competent pool of professionals takes responsibility for the work and gets it done quickly.

Frequently Asked Questions

  1. When did the policy of International Trademark Registration come to India?

    International Trademark Registration was introduced in India through the Trademarks (Amendment) Act, 2010, passed on September 21st, 2010.

  2. What is the Madrid Protocol?

    The Madrid Protocol has initiated the trademark registration to be done internationally to protect it from being infringed as well as getting the benefit in the foreign market. It comes with simple steps to register through the office of origin or simply the National Trademark office. It currently has 112 members, catering to a total of 128 countries.

  3. Is there any form for Filing an International Trademark?

    Yes, Form MM2(E) has to be filled out to process the application for International Trademark Registration. 

  4. Can the same mark be registered in two different countries?

    Yes, the same trademark can be registered in two different countries either by the same entity or even different entities. Since the trademark filed only in one country gives protection to it in those borders only and hence, the same trademark can be filed in another country.

  5. What is the cost of Filing an International Trademark?

    The cost of filing an International Trademark depends on which country or region you are from; apart from the registration fee, the trademark holders also have to pay a yearly maintenance fee.

  6. How long does it take to get your trademark registered in India?

    It generally takes around 10-12 months in India for your trademark to get registered.

  7. Where can we do the trademark search for Filing an International Trademark?

    To file an International Trademark, the applicant has to visit the World Intellectual Property Organization website and look at the Global Brand Database. 

  8. Which type of trademarks cannot be registered in India?

    Trademarks that contain obscenity in the symbol or hurt the religious sentiments of any group in the country cannot be registered in India.

  9. When are the TM and R used in a registered Trademark?

    TM is used by the companies whentheir trademark registration application isin the process of approval, while R is used when the trademark has been registered. There is no legal protection for the ones using TM, while the one who uses R gets legal protection.

  10. Where is the headquarters of Madrid Protocol?

    The headquarters of Madrid Protocol is situated in Geneva, Switzerland.

Read Our Article: How To Add DSC In Trademark Registration?

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