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International Trademark Registration
Trademark registration is territorial. This means that for each country that you wish to be present in, you must make a separate trademark application. As, most often, the party that makes the trademark application owns the trademark, it is important that you proceed at speed. It is imperative to note that a national trademark registration ends at the country it’s registered in and in no way gives the owner of the trademark any rights outside the nation concerned.
International trademark registration application under the Madrid Protocol must be filed by the trademark applicant through the trademark office of the applicant, known as the office of origin. In case of Indian Businesses, the Office of Registrar of Trademark, India is the office of origin. The office of origin will process the trademark application and file it with the Intellectual Property Organization at Geneva. If the trademark application is found fit, then the mark is recorded in the International Register and published in the World Intellectual Property Organization (WIPO) Gazette of International Marks.
Once an international trademark is registered under the Madrid Protocol, the mark is registered for 10 years. International trademark registrations can be renewed at the end of the 10 year period directly through WIPO or through the concerned office of origin.
ComplianceIndia helps you with the simplest way to file an International Trademark Registration.
What is the Madrid System?
The Madrid System is a system for the international registration of marks. It provides a means to simultaneously seek protection for a trademark in a large number of jurisdictions. The system is governed by two separate international treaties, the Madrid Agreement (Agreement) and the Madrid Protocol (Protocol). Under the Agreement, nationals of any signatory may secure protection of their trademark, registered in the country of origin, in all other states that are parties to the Agreement. Under the Protocol, nationals of any signatory may secure protection in countries and jurisdictions that are contracting parties to the Protocol based on a pending application or registration in the country or jurisdiction of origin.
Both the Agreement and the Protocol are administered by the International Bureau of the World Intellectual Property Organization (WIPO). As of September 1, 2008, for countries bound by both the Agreement and the Protocol, only the provisions of the Protocol apply. Consequently, from that date, International Registrations are governed exclusively by the Protocol (1) in all jurisdictions that are party only to the Protocol and (2) in those jurisdictions that are party to both the Protocol and the Agreement. The Agreement governs only those jurisdictions that are bound solely by the Agreement.
Advantages of International Trademark Registration
Prerequisites of 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 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 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.
How we Work?
Documents required for filing International Trademark Registration
Our charges for application of International Trademark Registration starts from Rs. 4,999/-.
Frequently Asked Questions
1. What is International Registration of Trademark?
An International Registration (IR) is the designation for a registration secured under the Madrid System.
2. What is Madrid System?
It is a system for International registration of Marks.
3. Who may use the system?
A natural person or a legal entity which has a real and effective industrial or commercial establishment.
4. Can I apply/add more countries later?
Once you hold an international registration, you may designate additional “Contracting parties” in a subsequent designation.
5. What is subsequent designation?
It’s a request made by you to the holder for an extension of protection of your original international registration. Such requests for amendments can be made directly to the World Intellectual Property Office through their Subsequent Designation System.
6. Validity / renewal of International Trademark Registration?
The mark is registered for 10 years. International trademark registrations can be renewed at the end of the 10 year period directly through WIPO or through the concerned office of origin.
7. Is India part of Madrid protocol?
India joined the Madrid protocol with effect from July 8, 2013. Applications using the Madrid system can now be filed from India. When India became a member of the Madrid protocol, certain amendments had to be made to the Indian Trademarks Law to comply with the Madrid system.
8. What is global trademark?
Global trademark registration. A trademark is a distinctive sign or indicator used by an individual or business organization to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities.
WHY TO CHOOSE US
Our charges for application of PAN Card starts from Rs. 4,999/-.