International Trademark Registration India

The trademark registration process is limited by geographical territories, which means that you need to file a separate trademark registration application for each country or region where you want to establish your business or product. It is important to complete the process on time, as national trademark registrations only provide protection within the boundaries of the specific country or territory where the trademark is registered.

To overcome this challenge, the Madrid Protocol was introduced in 1996 to facilitate the registration of trademarks in multiple countries. The Madrid Protocol is an agreement that outlines the system of the international trademark registration process. To register a trademark under the Madrid Protocol, you must apply for International Trademark Registration through the relevant trademark office.

According to the Madrid Protocol, International trademark registration applications must be filed through the applicant's trademark office, also known as the office of origin. For example, if you register a trademark for an Indian business, the Office of Registrar of Trademarks in India would be the office of origin. The office of origin is responsible for processing the trademark application and recording it with the World Intellectual Property Organization (WIPO) in Geneva.

If the trademark application meets the requirements, your mark, logo, phrase, or word can be included in the International Register and published in the WIPO Gazette of International Marks. At this stage, the International Bureau grants the international registration certificate and announces that all countries party to the Madrid Protocol will recognize and protect the trademark. "The Madrid System for the International Registration of Marks" is responsible for worldwide international trademark registration.

Currently, 94 countries are parties to the Madrid Protocol, meaning that every international trademark registered under the protocol can receive protection from them. This makes it easier for businesses to expand their operations globally while protecting their intellectual property rights.

Legal Protection

International trademark registration provides essential legal protection for your trademark, allowing you to take legal action against any potential infringements. Registering your mark, whether a word, phrase, slogan, or logo, is crucial before pursuing any legal battles against infringement.

Business Opportunity

A trademark is a valuable intangible asset, opening doors for business growth and brand success. In addition, successful trademark registration presents opportunities to generate more profit and gain recognition through licensing and franchising agreements, as exemplified by renowned brands like Adidas and McDonald's.

Unique Identity

Through international trademark registration, your brand or product gains global recognition, establishing a unique and distinguishable identity in the market.

Beneficial for Online Businesses

International trademark registration plays a vital role in the growth and development of online and e-commerce businesses. Operating a trading business online positions your brand to reach global consumers worldwide, leading your business toward success.

Changes and Renewal

The international trademark registration process is valid for 10 years from the filing date, with the flexibility to modify, change, or renew your registration. Renewing your international trademark registration is a simple process that involves submitting the same application form initially filed with WIPO.

Protects Your Brand during Export/Import

International trademark registration safeguards your brand, products, and business from counterfeits during import/export activities. However, in case of any infringement during these processes, you have the legal right to take appropriate action against the breach and protect your brand's integrity.

To initiate the international registration process, you must fulfill the following requirements:

1. Have a business presence in a Contracting Party.
2. Reside in a Contracting Party.
3. Be a citizen of a Contracting Party.

For instance, if you are an Australian citizen or own a business in Australia, and your association is with Canada, which is a member of the Madrid System, you would need to file your registration application through Canada's Intellectual Property (IP) Office.

Applying through the National Trademark Office or Office of Origin is crucial in international trademark registration. Before submitting an international application, it is important to register the mark domestically. This initial filing, the Basic Trademark Application, must be completed before proceeding with the International Trademark registration, which is then forwarded to WIPO.

WIPO Inspection

Upon submission, WIPO will review the application and coordinate with the National IP Offices of the countries where you seek protection. These offices will examine the application within a specified timeframe, typically 12 to 18 months, and provide their decisions to WIPO. You will be notified accordingly.

National Offices' Evaluation

If an IP Office does not grant full or partial protection, it does not impact the decisions of other offices. According to their legislation, you can challenge or appeal the decision directly with the concerned Trademark Office. Conversely, if an office approves your mark, they will issue a certificate of protection.

Validity and Renewal

The International Trademark registration remains valid for 10 years. You can modify or renew the registration certificate at the end of this period.

Timeline

The processing time varies between countries, but it is generally 18 months.