PROCESS OF INTERNATIONAL TRADEMARK REGISTRATION
The International Trademark Registration protects the products and services at an International level.
What is The Madrid System?
The Madrid Protocol which came into operation in 1996 and the Madrid Agreement which dates from 1891 govern the system of international trademark registration. Under the Madrid Protocol, a mark can be registered in multiple countries by filing an application for international trademark registration through the trademark office of the applicant (“office of origin”).
Requirements for Obtaining an International Trademark Registration?
There are three main requirements for obtaining an international trademark registration in India:
The applicant should be a national of India or domiciled in India or have a real and effective business or commercial establishment in India.
The applicant must have a national (Indian) trademark application or registration of a trademark with the Indian Trade Marks Registry. This national trademark application/registration will be used as the basis of the international application. The international application will have the same trademark as mentioned in the national trademark application or registration; The list of goods and services mentioned in the international application should also be identical with the national mark.
The applicant in the international application must choose one or more other member countries of the Madrid Protocol, where the applicant wants to protect his trademark.
What are the Benefits of International Trademark Registration?
Your product will be known to the global consumers if operated online-Your business name, brand and your trademark can become more desirable as your popularity grows. Just by registering your trademark in other countries where your products are available can reduce the confusion of buyers in choosing the original products.
You may be more vulnerable to counterfeiters based overseas-Counterfeiting is a common factor in the overseas industries especially when companies do not register their trademarks internationally. It helps you to involve the local government in the country where the illicit products are being made, and as such can help prevent counterfeit items from reaching shores other than those of the U.S.
Your supply chain may involve International Commerce -If you have chosen to sell your product worldwide, then it will be beneficial for you to register your trademark in countries where there is an involvement of your supply chain to prevent, for instance, situations where a subcontractor may illicitly appropriate your name to profit from their involvement with you.
You may register your mark inother localities through Madrid protocol under right circumstances-This protocol allows the trademark owner to submit one application an that application can then be extended to various different countries that are embers of the protocol.
What is the International Trademark Registration Process?
Stage 1: Application through the Trademarks Registry (Office of origin)-The registration or application is known as the basic mark. You then need to submit your international application through the Trademarks Registry, which will certify your mark and forward it to WIPO.
Stage 2: Formal examination by WIPO- WIPO will only conduct a formal examination of your international application to check that your application is in order. Once it is approved, your mark will be recorded in the International Trademark Register and published in the WIPO Gazette of International Marks after which WIPO will then send you a certificate of your international registration and notify the IP Offices in all the territories where you wish to have your mark protected.
Stage 3: Substantive examination by the National or Regional Trademark Office of the designated Contracting Party-The Trademark Offices of the countries where you want to protect your mark will decide within 12 or 18 months whether to grant your mark protection in accordance with their domestic legislation. WIPO will record their decisions in the International Register and then notify you.
Which are the countries that protect International Trademark registration?