Things To Know International Trademark Registration

There are approximately 94 countries which are parties to the Madrid Protocol and thus an International Trademark can be afforded protection in them.

Eligibility for registration:-

Three things are mainly required for obtaining an international trademark registration in India:

1. It is important for the applicant to be an Indian national or domiciled in India or have effective business or commercial establishment in India.

3. It is a must for the applicant to choose one or more other member countries of the Madrid Protocol, where the applicant wants to protect his trademark.

Procedure for Registration:-

3. Once published, WIPO will then send a certificate of the international registration and notify the IP Offices in all the territories where one wishes to have the mark protected.

4. The Trademark Offices of the countries where one wants to protect the mark will decide within 12 or 18 months whether to grant protection in accordance with their domestic legislation. WIPO records their decisions in the International Register and then notifies the applicant.

If a designated country refuses to protect one’s mark, either wholly or partially, their decision will not affect the decisions of other designated countries. A refusal decision can be challenged directly in that country according to their laws. If it accepts, it will issue a statement granting protection.

5. The international registration of the mark is valid for 10 years. The registration can be renewed at the end of each 10-year period directly with WIPO with effect in the designated country concerned.

International Trademark registration can be done over different countries solely dependent on one by filing MM2 and MM18 under the Madrid Protocol.

Benefits:-

1. Once the registration process is completed, one can imagine the popularity of the product in the global market. The business name, brand and the trademark can become more desirable as the popularity grows. Only registration of the trademark in other countries reduces the confusion of buyers in selecting the original products and reduces the chances of infringement.

2. Another benefit of registering internationally is safety from counterfeited products. U.S Trademarks laws provide protections against counterfeiting imports by taking the next step of registering a trademark in countries. It helps involve the local government in the country where the illicit products are being made, and as such can help prevent counterfeit items from reaching other shores. For registration in the US, a separate form MM18, available on the official WIPO website, needs to be filled

3. If a company chooses to sell its products worldwide, it’s always beneficial to register the trademark in countries where there is an involvement of the supply chain. It prevents the illicit use of the brand for profit from their involvement.

4. The Madrid Protocol allows the trademark owner to submit one application and which can then be extended to various member countries. This ultimately results in cost saving while filing a trademark in various countries.

One’s trademark application should meet all local standards vigorously in order to avoid challenge or cancellation. While the Madrid system offers many advantages to get the trademark protected in various markets, the system offers even more valuable advantages regarding the management of mark after registration. Extending the protection of mark to new territories, renewing the protection of mark for additional periods of ten years, or having changes to the registration recorded in the International Register with effects extending to those Madrid Union members of interest, can be done through very simple, user-friendly and cost-effective procedures.

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