Trademark registration is the legal procedures to seek protection in distinctive mark such as brand name, logo, symbol, or combination. In addition intellectual property India (IP India) govern this system. In addition the trademark owner can sell right to use mark in commercial and take legal action against infringers.
International Trademark Filing
The registration of trademarks is territorial. You have to file separate application in each countries where you are interested to registered your trademark.
You must register your trademarks in those nations if you plan to sell and market internationally. So, it is necessary to register your trademark in every country that can be potential market for your business. Moreover a national trademark registration does not provide your protection in global markets.
Global Trademark Protection
In today’s interconnected global marketplace, protecting your brand through international trademark laws is crucial for maintaining a competitive edge and ensuring the integrity of your intellectual property.
Expansion in business is necessary to protect their intellectual property, particularly trademark, which gives you an important indicator of promising quality of your business, globally.
At the same time obtaining global trademark registration protection in multiple countries in direct mode by filling separate applications in each country is costly and time consuming also.
To solve this issue, Madrid protocol are made which are also knows as Madrid system. On the other hand in this system you can protect trademark globally with a single application.
International Trademark Protection for Businesses
Your brand is your most precious asset in the globalized business of today. International trademark registration allows firms to safeguard their brand recognition across many nations, ensuring a uniform approach to brand protection. The Madrid Protocol, governed by the World Intellectual Property Organization (WIPO), is a crucial component of worldwide trademark registration. It allows applicants to submit a single application to protect their trademarks in numerous member nations.
How to Register a Trademark Globally
If you want to register a trademark internationally from India, you must submit an international application through the World Intellectual Property Organization’s (WIPO) Madrid Protocol Indian Trade Marks Registry.
You have to file first a “basic mark“ in India for international application. Then through the Madrid system your mark is protected in up to 130 countries. WIPO fees begin at CHF 653 along with designation fees for each country.
Direct National Trademark Filing Process
Through the Registrar of Trade Marks, Controller General of Patents, Designs, and Trade Marks managed Trademark registration in India. By Trade Marks Act of 1999 (the Act) and the Trade Marks Rules of 2017 (the Rules),
The Registrar’s offices are present in different location in India Such as Chennai, Mumbai, Kolkata, New Delhi, and Ahmedabad.
When you decide to file trademark, you should go first for Trademark search, NICE classification and mark type selection such as device or Word.
- The trademark application is filing begin with a Form TM-A through the IP India.
- After filing examination phase begin. Two kinds of examination occur
(1) Formal Examination
(2) Substantive examination
- After examination, Hearing Notice upload in website. You have to file response to clear all objection within one month of Date of receipt of Hearing Notice.
- Examiner can call you for Hearing.
- After successfully clarification of all objection, once examiner satisfied you will awarded.
- Publication of your trademark in Trademark journal.
You can hire a professional for trademark filling. Professional can help you searching, filing, making response, and attending hearing and other all kind of your work.
You can read full blog in Trademark filling in India “Step-by-Step Guide to Trademark Registration Process”
What Are the Modes of Filing Trademarks Internationally?
An international trademark is a brand mark that is protected by law in multiple nations. Technically, there is no single “world trademark” because each jurisdiction issues its own rights, such as India’s Trademark Registry. On the other hand, the WIPO-managed Madrid Protocol allows you to submit a single application that simultaneously obtains protection in numerous member nations.
Main Methods of International Trademark Registration
- Secure you trademark in India first.
- Prepare a WIPO form (MM2) and file it.
- Get certificate from Indian Trademark office.
- WIPO formal examination execution.
- National examination in each designate company.
You can also hire a professional for all kind of support. A professional has numerous years of experience which can provide support in every stage of trademark filing internationally.
WIPO Trademark registration
In international trademark registration system, it allows a trademark owner to protect their mark in multiple countries by filling a single application, in anyone of your language, by paying specific fees in Swiss franc (CHF). International Trademark Filing Under Madrid Protocol.
Difference between Madrid Protocol and direct filing
Direct filing is the process of submitting an application to register a trademark in each jurisdiction of choosing. But when the applicant’s home country or the selected destination jurisdiction is not member of the Madrid Protocol, this is typically the only option available.
Whereas Madrid system provide a centralized system where you can file a trademark in multiple countries by a single application. WIPO manage this ssytem. The international registration of a trademark has the same effect as a registration or registration of a mark made in each of the countries designated by the applicant. If there are no issues, a registration certificate will be issued and details sent to each of the offices of the designated member countries/regions listed in the international application
It is usually possible to add extra countries/regions later though these will have their own, later, date.
Filing Trademarks Internationally from India
International trademark registration under the Madrid Agreement is an easy process for registering trademarks internationally in various jurisdictions with a single application. The companies who are looking for expansion in their business internationally can protect their brand in multiple countries, it saves cost and time.
Eligibility for Indian Applicants
If an Indian national or a business domiciled in India owns a national trademark or has an application pending with the Trademark Office, they can apply for international registration.
Common Mistakes to Avoid While Filing Internationally
- Research properly before filling
- Avoid Choosing too generic terms for Trademark
- Goods and Service must be clear
- Do not neglect international search strategy
- Always monitor to defend your mark.
FAQ
Q1. What are the modes of filing trademarks internationally?
There are two modes for Filling trademark internationally: one is Direct and another is Madrid System. Trademark rules are territorial in nature; you have to choose filed directly to individual application to each country or Madrid system where one application for 132 countries.
Q2. What is the Madrid Protocol in trademark registration?
Madrid Protocol is managed by WIPO (World Intellectual Property Office). It allows you to file trademark in 132 countries with a single application. This system made for trademark owner to protect their brand globally, it saves out time and money also.
Q3. How does international trademark file work?
International trademark filed through Madrid system managed by WIPO. You will receive protection in multiple nation with single application. After filling your mark is examined in each designated country. After examination you will awarded or rejected.
Q4. Can a trademark be registered globally through a single application?
No, you did not get your single trademark application protected globally. But you can file trademark internationally by Madrid system, it allows to file one centralized application in over 132 countries. Each designated country has their own rules. Each country examines your application and provides approval or rejected accordingly.
Q5. What is the difference between Madrid Protocol and direct trademark filing?
In direct trademark filling you have to filed application in each country individually on the other hand you Madrid trademark filling you have to file one application through WIPO for all member countries. Madrid system saves time and money both.
Q6. Can Indian businesses apply for international trademark registration?
Yes, Indian businesses can file international trademark registration. Trademarks are territorial in nature, so a business man can protect their brand globally to expand their business or increase profits. There are two modes to file: one is Direct or another is Madrid system. In the direct system you have to file an application in each country individually whereas in Madrid system one application for all members through WIPO.
Q7. Which countries are covered under the Madrid Protocol?
The Madrid protocol covers 116 member jurisdictions up to 132 countries globally. It allows trademark owners to protect their brand in multiple countries.
Q8. Is international trademark registration valid worldwide?
No, an international trademark registration is not valid worldwide. Trademark rules are territorial in nature, each country has specific rules. If you get protection only those countries where it is officially registered.
Q9. What are the benefits of filing trademarks internationally?
Filling a trademark internationally provides seeking protection in multiple countries. It helps you to grow your business internationally and take legal action against infringers. It acts as a valuable asset.
Q10. How long does international trademark registration take?
International trademark registration generally takes 12 to 18 months to process. In Madrid system, individual member countries take own time to examine your application to approve or reject.
MS Ansari Patent Associate at Intellect Bastion LLP
