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International Trademark Registration
A unique identity or symbol that distinguishes a product or service from similar products in the market is a Trademark. Every national trademark registration has the end at that particular country’s boundary, therefore for International Trademark Registration Online in India; you have to file for separate trademark registration under multiple countries. Kanakkupillai- Your Companion on Purpose!
International Trademark Registration – Overview
Trademark registration process is restricted based on territories. To make it more clear, for each territory or country in which you need to mark your business or product presence you have to file for separate trademark registration. It is necessary for you to make it at a good speed. Every national trademark enrolment terminates at the end of that particular country’s boundary and it does not allow its trademark holder to use the registration rights of the trademark outside the boundaries or country or territory.
With the main aim to register a trademark under multiple countries, the Madrid Protocol was introduced in the year1996. The Madrid Protocol or agreement explains about the system of the international trademark registration process. All that you have to do is to complete the registration process just file an application for International Trademark Registration through the concerned trademark office of the applier.
As per the Madrid Protocol, International trademark registration applications should be recorded by the trademark applicant via the trademark office of the applicant, and it is known as the workplace of origin. If the trademark registration is done for any Indian Business, then the Office of Registrar of Trademark, India is the workplace of origin. The office of origin is the place where the process for the trademark application is done and it is recorded with the Intellectual Property Organization which is located at Geneva.
If the trademark application which is filed satisfies as per norms, then your mark or logo or phrase or word is ready to be entered in the International Register and further, the same will be published in the World Intellectual Property Organization (WIPO) Gazette of International Marks. At that point, the International Bureau grants the international registration certificate and also announces that every one of the nations is abbreviating the Madrid Protocol for which certificate and protection have been referred by the trademark applicant. ‘The Madrid System for the International Registration of Marks is responsible for the international system for helping the registration of trademarks all over the world”.
There are about 94 countries that are parties to the Madrid Protocol and therefore every International Trademark can yield protection from them.
Benefits of International Trademark Registration
- Legal Protection
International Trademark registration helps you in protecting your trademark legally, as you can sue someone for any infringement doubt. Hence it is always important that before choosing the legal way to battle against infringement, register your mark whether it is a word, phrases or slogan or logo.
- Business Opportunity
Trademark acts as an intangible asset and paves a good path for the growth of your business or brand. Successful trademark registration provides your business with an opportunity to gain more profit and fame such as brands like Adidas or McDonald’s have gained more money through licensing and franchising agreement.
- Unique Identity
The registered brand or product gets global recognition through international trademark registration.
- Beneficial For Online Business Operators
International Trademark Registration plays a vital role in the growth and development of the online or e-commerce business. If you own a trading business via online then somehow it leads your business in the right way as it is available to international consumers all around the world.
- Changes And Renewal
The validity of the International Trademark Registration process is about 10-years from the date of filing. And it is easy to alter or change or renew your registration. For the renewal of the international trademark registration, all you have to do is to submit the same application form which you have filed to WIPO.
- Protects Your Brand During Export/Import
International Trademark registration protects your brand or products or business from counterfeits. In case any infringement happens while importing or export, then you have all right to take legal action on such infringement.
Basic needs to file for International Trademark Registration
To File The International Registration, You Need The Following Requirements:
- have a business concern in a Contracting Party
- be resided in a Contracting Party
- be a citizen of a Contracting Party
For example, if you are a citizen of, or own a business in Australia, your association is from Canada that is, an individual from the Madrid System and in that situation you have to file your registration application through Canada’s Intellectual Property (IP) Office.
Registration procedure involved in International Trademark Registration
Applying via National Trademark Office or Office of Origin or Workplace of Origin Keep in mind that you have to register the mark before applying an international application, in case if you are not yet filed registration, then submit an application in the Trademark and IP office of the home country. This primary level of filing of an application for trademark registration is called Basic Trademark Application. Once the Basic Trademark registration is completed, you can apply for an International Trademark registration through the same office, which will be forwarded further to WIPO.
- Inspection By WIPO
Applying via National Trademark Office or Office of Origin or Workplace of Origin Keep in mind that you have to register the mark before applying an international application, in case if you are not yet filed registration, then submit an application in the Trademark and IP office of the home country. This primary level of filing of an application for trademark registration is called Basic Trademark Application. Once the Basic Trademark registration is completed, you can apply for an International Trademark registration through the same office, which will be forwarded further to WIPO.
- Inspection By National Offices
The IP Offices of the nations, in which place you need to assure your mark, will choose, within the prescribed time limit of about 12 or 18 months that is after their act. WIPO will draft the options of the Trademark Offices in the International Register and mail the notification to you.
In case, an IP Office won’t secure your trademark, either partially or completely, this option doesn’t influence the options of different Offices. You can take an exception or a refusal choice straightforwardly before the Trademark Office involved as per its legislation. If an Office acknowledges and admits to ensure your mark, it will have an announcement of the award of insurance for the mark.
This International Trademark is valid up to 10-years. And if you want, you can alter or renew the registration certificate at the end of 10 years.
- Timeline
The time taken for processing varies from one nation to another, but none takes more than 18 months.
Frequently Asked Questions
An aligned system that regulates the International Registration of Trademarks
WIPO or World Intellectual Property Organisation will officially review your trademark application. Though, each contracting party or nation or domain, in which you have filed, will have the option to examine the application as per norms and specified framework.
Yes, India is a part of the Madrid Convention and it is joined in the year 2013.
Any person or business entity owning a real and effective commercial or industrial establishment.
Trademarks, patents and copyrights are protected through different sorts of Intellectual Property (IP). Commonly, a trademark ensures brand names and logos whereas copyright protects unique imaginative work and a patent registration secures an innovation work.
