What is International Trademark Registration?
A trademark is a brand or logo that includes a symbol, letters, words, numbers, or phrases connected to a business or person’s products or services. A trademark serves as a company’s or individual’s identity, assisting customers in selling branded goods and services apart from those offered by competitors. Therefore, in order to prevent unauthorized use of a trademark by third parties, registration is required. Trademark registration is, however, restricted to some regions. As a result, protection for a trademark is limited to India when it is registered there. To protect their Trademark outside of India, trademark owners must apply for International Trademark Registration. Owners of trademarks that are registered internationally are able to use their marks outside of India and prevent other parties from registering identical marks in other markets.
Why choose International Trademark Registration?
You can directly opt for the International Trademark Registration rather than registering your Trademark within India only as you can enjoy a wide range of benefits such as:
When an applicant registers his Trademark in the international realm rather than the country itself, then the Trademark receives international recognition under the Madrid Protocol, which offers International trademark registration and recognition in 97 countries that are signatories to the protocol.
International trademark registration offers legal protection to the applicant in many different countries at once. This brings international legal protection to the Trademark in the international malpractices.
International market access
The international market is accessible for the business if the Trademark has been registered as International. You may enter the market and operate the business as your mark is protected against malpractices.
Universal Brand Protection
The international Trademark Protection opens the portal for the Trademark in the International Market by offering universal brand protection. This enhances the business’s goodwill and strengthens the market repo, which is an advantage when it comes to building consumer trust.
WIPO & International Trademark Registration
The World Intellectual Property Organization (WIPO) offers the registration of a trademark in many jurisdictions with a single application and one upfront fee. As a bundle of national rights, WIPO offers the Madrid System, which enables a trade mark to be filed in many countries worldwide in a single application. To begin with, you must have a national trademark that is registered in a country that has ratified the Madrid Protocol or the Madrid Treaty (a list of these countries can be seen here). Your application for several more territories will be based on this “base registration.”
Madrid Protocol & Madrid Agreement
The Madrid Agreement was created exclusively to offer a means for an individual to submit a single trademark registration, resulting in trademark recognition in many countries at once. Not only was this procedure a more straightforward method of registering a trademark globally, but it also made it more affordable. In addition to streamlining the worldwide trademark registration process, the Madrid Agreement did away with the necessity of submitting, pursuing, or keeping up separate registration applications in several nations. The Madrid Agreement grants the mark the same legal standing in all of the participating nations as it does in the nation of registration from which it is assigned if the designated country’s Trademark Office fails to submit a rejection to the World Intellectual Property.
Although there are numerous parallels between the Madrid Agreement and the Madrid Protocol, there are also certain differences that should be noted. These distinctions are as follows:
- While both states and intergovernmental organizations can accede to the protocol, only states can do so under the terms of the agreement.
- While the cost structure in the protocol is basic, individual, and complementary, it is basic, complementary, and supplementary in the agreement.
- While the protocol specifies an initial 18-month refusal term that can be extended, the agreement stipulates a 12-month refusal time.
- The agreement specifies a 5-year dependency period, whereas the protocol specifies a 5-year period with potential for transformation.
- The agreement’s validity is for 20 years, while the protocol only specifies ten years.
- In the agreement, the office of origin is designated as a genuine or effective industrial or commercial establishment, but in the protocol, the domicile of origin is the establishment.
Check if you can apply for the International Trademark Registration
If you fall to be one among the following, then you are eligible for the International Trademark Registration:
- Any person or national of a nation that is a party to an agreement or protocol may apply for international registration.
- Any natural person or legal entity that resides in a nation covered by one of the treaties or has a legitimate and operational industrial or commercial presence there may apply.
- According to the Agreement, a registration must serve as the foundation for an application for worldwide registration.
Requirements to be fulfilled for International Trademark Registration
- The applicant must have a legitimate and functioning business or commercial establishment in India, be an Indian national, or have an abode in India.
- The applicant needs to have filed for a national trademark application in India or already have a trademark which is registered with the Indian Trademarks Registry. The international application is based on the national trademark application or registration with the local authority which forwards the application to WIPO.
- In order to get national trademark registration or have their trademark referenced in a national trademark application, the applicant must file an international application for the same trademark.
- The national trademark registration or application and the list of products and services in the international application should match.
- In the international application, the applicant must select one or more member nations of the Madrid Protocol in which they wish to be protected.
Process of International Trademark Registration
Step 1: Trademark Search
Prior to submitting an application for international trademark registration, the applicant must perform a trademark search. The applicant can check if there are any registered trademarks that are similar to or identical to theirs by conducting a trademark search on the WIPO Global Brand Database. Before submitting an application for trademark registration, the applicant must confirm that there are no already-registered trademarks that are similar to or identical to theirs in any of the Madrid Protocol nations. The application will be denied if there is an existing trademark that is identical or similar.
Step 2: Registration Application
The applicant needs to submit the international trademark registration application using Form MM2(E) following the trademark search. Since the Office of the Registrar of Trademarks in India is the office of origin for Indian firms, the applicant should submit the application for international trademark registration there, not with the WIPO. The application will be processed and verified by the Registrar of Trademarks. The Registrar will file it with the World Intellectual Property Organization (WIPO) in Geneva following verification. The foreign trademark application must be submitted electronically via the official IP India website, along with payment of the handling fee.
Step 3: Application evaluation by WIPO
Once the WIPO receives the trademark registration application from the Registrar of Trademark Office, it will review it. If the WIPO determines that the registration application is suitable, the Trademark will be registered in the International Register and published in the WIPO Gazette of International Trademarks.
Step 4: Notification by WIPO
If the applicant chooses to seek registration, each member country of the Madrid Protocol will get notification from the WIPO of the worldwide trademark application. In accordance with trademark laws and regulations, the member nations will review the application for international registration. Within 12 to 18 months of receiving the application for trademark registration, the member nations will submit their examination report and advise the WIPO of their acceptance or rejection of the application.
Step 5: Trademark Opposition
Should any of the member nations object to the trademark registration application, it needs to be filed with the WIPO using the format specified. Direct communication between the trademark applicant and the relevant Madrid Protocol member nation will characterize the opposition processes to the trademark application. The opposition processes consist of the following: prosecution, hearing, response, and appeal. Throughout the entire opposition process, the WIPO will be involved.
Step 6: Granting Trademark
Once the member countries accept the application, the Trademark will be registered under the Madrid Protocol in the respective chosen countries for a period of ten years. Following approval of the registration application, the applicant will receive a statement of grant attesting to the international trademark registration of an Indian trademark.
How RegisterKaro helps you with the International Trademark Registration?
- Pool of Experts
RegisterKaro holds a large pool of Experts from all over the world specializing in Trademark Related Services. Our team of experts makes sure that your work is taken care of in the most effective manner possible.
RegisterKaro Trademark Related Services are of premium quality at the most efficient rate, which suits the client’s pocket, making sure that quality service is not the only thing the client gains on our platform.
- Client-oriented approach
Our team of experts is well trained and equipped with a client-oriented approach, keeping in mind that the process must be client-centric, focusing on meeting all the requirements of their business and, therefore, satisfying their needs.
- Process Alteration
For the fact that we focus on a client-centric approach, we keep our process structurization open for the client to alter it as per their need, requirements, and vision. For us, obtaining the best results is the focus, along with the Client satisfaction.
- Trusted partner of 10000+ Clients
RegisterKaro has earned the trust of more than 10000+ clients who have availed of Trademark Related Services. Their trust in us from a term in continuity is proof of our services backed by quality and assurance.
- How can I register a trademark internationally?
To register your Trademark Internationally, you need to follow the given steps: Trade Research < submit the application with the Indian registry for Trademark < application verification by registry < application verification by WIPO < trademark opposition/ objection < Trademark Certificate.
- How much does an international trademark cost?
The price to file for an international trademark varies according to the nation or area where you file, usually between $3,000 and $5,000. Additionally, there is an annual maintenance charge of $500 or so.
- Is the Indian Trademark valid worldwide?
The Indian trademark is not valid worldwide, although it has been registered for the Indian domain. If you want your Trademark to be valid worldwide, you should register it as an International Trademark under a special registration process.
- How do I check an international trademark?
You may check the International Trademark through different countries’ portals such as the United States Patent and Trademark Office (USPTO)’s Trademark Electronic Search System, the European Union Intellectual Property Office (EUIPO)’s eSearch Plus, United Kingdom Intellectual Property Office (IPO)’s Trademark Search, etc.
- What are the benefits of international trademark registration?
There are various benefits of International Trademark Registration, such as International Recognition, global market access, Universal Legal Protection, etc.
- How can I get an international Trademark in India?
To register your Trademark Internationally while being in India, you need to follow the given steps: Trade Research < submit the application with the Indian registry for Trademark < application verification by registry < application verification by WIPO < trademark opposition/ objection < Trademark Certificate.
- Can I use a trademark registered in another country?
Yes, you can use your Trademark in another country if your Trademark is Internationally Registered. In that regard, you may use the Trademark in countries that are signatories to the Madrid Protocol.
- Should I get an international trademark?
If you have International Business Practice, and your business serves in different countries, you must surely get an International Trademark.
- Is India part of the Madrid Protocol?
Yes, India is a signatory to the Madrid Protocol by becoming the 90th Member. This means that any trademark registered under any country party to the Madrid Protocol will also be recognized in India.