August 2, 2021

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Full Guide: International Trademark Registration

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International Trademark

Trademark Registration is restricted to territories; for each country where you would like to mark your existence, you have to apply separately for trademark registration. An International Trademark Registration permits trademark possessor to register trademarks in manifold countries with a single, uniform application through a centralized filing system managed by the World Intellectual Property Organization (WIPO). 

Overview of International Trademark Registration 

Trademark Registration is constrained to territories; for each nation where you would like to mark your existence, you have to apply separately for trademark registration. An International Trademark Registration authorizes the trademark possessor to register trademarks in different countries with a single, uniform application through a centralized filing system administered by the World Intellectual Property Organization (WIPO).

The Madrid Protocol which was initiated in the year 1996, with the objective of registering the mark under manifold countries. The Madrid agreement notifies the system of International Trademark Registration. All a person has to do is file an application through the applicant’s trademark office for International Trademark Registration. The trademark claimant should record the international trademark registration application under the Madrid Protocol via the claimant’s trademark office, known as the workplace of origin. If there is an occurrence of any Indian Business, the office of Trademark Registrar, India, is the workplace of origin. The trademark application is processed by the office of origin and is recorded with the World Intellectual Property Organization (WIPO) at Geneva. 

Suppose the applicants’ trademark application is considered perfect as per the prescribed provisions. In that case, the logo, mark, or word is recorded in the International Register and is published in the World Intellectual Property Organization Gazette of International Marks. The International Bureau at this point provides an international registration certificate and notifies every nation contracting Madrid Protocol for which the trademark claimant mentions security. The Trademark office of every nation has the freedom to deny the imprint’s security by counseling to the International Bureau inside as far as possible specified in the Madrid Protocol. The Madrid Protocol has set stern time limits points of 12 or year and a half for issues to be raised by the designated offices.

Advantages of International Trademark Registration 

The following are the benefits of International Trademark Registration:

Advantages-of-International-Trademark-Registration

Legal Protection 

International trademark registration provides legal protection in case of infringement by any other entity or individual, so the registration helps the original owner of the trademark to prove his/her ownership over the registered trademark. Before taking any legal action against infringement, a person has to ensure that the logo, slogan, or word is properly registered.

Business Opportunity 

Trademark can be considered as an intangible asset and plays an essential role in the growth of a brand. A successful trademark offers every business an opportunity to earn fame and money. Big Businesses like McDonald’s and Nike have earned and are currently earning royalties through licensing agreements.  

Unique Identity 

In the International market, a product gets recognition by means of international trademark registration. A product’s unique identity makes it familiar among the customers; registration is the primary step towards ensuring this.

Beneficial for Online Operators 

International Trademark Registration plays an essential role in the augmentation of an e-commerce business. If a business is involved in selling goods and services on the online platform, then trademark registration paves the way for the product to be available to international consumers.

Once a company has got recognition in the global market, it becomes feasible for a trademark to gain popularity among the people. It is wise to register a trademark internationally and in countries where the products are available. 

Changes and Renewal 

Once a person has registered a trademark internationally, it is valid for ten years from the date of registration. Although, it is trouble-free to renew facility and access changes. A person for renewal purposes has to file the same application submitted to the World Intellectual Property Organization (WIPO).

Protects Brand During Import-Export 

If a trademark is registered internationally, then the brand safeguarded from counterfeits. In case of infringement by any person or entity during export or import, the trademark owner can take legal action against such infringement.

The requirement to be fulfilled for International Trademark Registration

To fulfill the registration requirements, an individual has to make sure that:

  • Have a business in a Contracting Party 
  • Must be domiciled in a Contracting Party
  • Must be a national of a Contracting Party 

In order to use the Madrid Protocol, an individual must have a connection with one of its “Contracting Parties.” This connection will help an individual in determining his/her office of origin.

Registration Procedure of International Trademark Registration 

Apply Through National Trademark Office 

An individual has to ensure that trademark is registered before filing an international application; if not, then an individual must file a registration application in the IP and trademark office of the country. This level of filing is known as a basic trademark application. Once a person has completed basic trademark registration, he/she can apply for International Trademark through the same office, which will later forward the application to the World Intellectual Property Organization (WIPO).

Examination by WIPO 

World Intellectual Property Organization (WIPO) scrutinizes the registration application; if approved the trademark is recorded in the International Register and published in the World Intellectual Property Organization Gazette of International Marks. After that, World Intellectual Property Organization will send an authentication regarding the international registration and notifies the IP offices in all the domains where an individual has applied for trademark registration. 

Examination by National Offices 

The IP offices of the regions, where an individual need to ensure trademark, will choose, within the prescribed time limit of 12 to 18 months after the enactment. World Intellectual Property Organization will enlist the choices of the Trademark offices in the International Register and notify the applicant. 

The International Trademark Registration is valid for 10 years. If a person wants the registration can be renewed at the end of 10 years. 

Conclusion 

Trademark Registration is restricted to territories, for each country where you would like to mark your existence you have to apply separately for trademark registration. An International Trademark Registration permits trademark possessor to register trademarks in manifold countries with a single, uniform application through a centralized filing system managed by the World Intellectual Property Organization (WIPO).

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