Trademark Registration offers several advantages. However, Trademark Registration has a few limitations. One such limit is related to boundaries. This means for each country where you want to do business or expand your brand, you will have to apply for a separate trademark application online. This can be tedious as well as a costly task. Therefore, the solution is International Trademark Registration. In this article, we will understand International Trademark Registration and its advantages in detail.
What is International Trademark Registration?
The system of international trademark registration is governed by the Madrid Protocol, which went into effect in 1996. In simple words, you have to follow Madrid Protocol to get your trademark registration internationally. However, the Madrid Protocol and Madrid Agreement are two different things. After getting International Trademark following Madrid Protocol, you can use the Madrid Agreement to defend your Trademark in other countries.
The trademark applicant must file an international trademark application under the Madrid Protocol through the applicant’s trademark office, also known as the office of origin. The office of origin for Indian businesses is in the Office of Registrar of Trademarks, India. The trademark application will be processed by the origin office and filed with the Intellectual Property Organization in Geneva.
Prerequisites to obtain International Trademark
The most important prerequisites that you must fulfill before getting an International trademark in India are as follows.
- The applicant must be an Indian citizen, reside in India, or have a legitimate industrial or business firm in India.
- The applicant must have a trademark registration with the Indian Trade Marks Registrar.
- The global application will be based on this local trademark application/registration. Therefore, The international application will be using the same trademark as the local Trademark Registration.
- The list of products and services offered should be the same in national and international trademark applications.
- In the International registration application, the applicant must select one or more other Madrid Protocol member nations in which they would like to secure their trademark.
- Also, read – How to Apply for Trademark Registration Online in India
What are the Advantages of International Trademark Registration?
International Trademark offers multiple advantages. Thus, businesses must go for International Trademark Registration and avail the following benefits.
- You have to only prepare a specific application and pay a single amount of fees to apply for coverage in up to 124 countries. Furthermore, You can edit, renew, or expand your global trademark portfolio using a single unified database.
- International Trademark not only helps to develop a foundation for fighting forgers, but it also ensures that the company preserves exclusive rights to one of its most valuable assets.
- One can also license trademarks to someone if it is registered internationally. Thus, enabling you to benefit from the success of your brands and products. When you compare the low cost of registration to the major trademarks, franchisors view this as a significant advantage.
- The International Trademark is valid for a decade. International trademark registrations can be extended effectively through WIPO or via the competent authority of origin at the completion of the ten-year duration.
- International trademark registration is critical to the success of any e-commerce venture. If you sell things on the internet, you are paving the route for your goods to reach foreign customers.
- Your brand will become well-known among the general public after you attain worldwide recognition. To minimize customer misunderstanding, it’s a good idea to get an international trademark as soon as feasible.
- Third-party infringement of some trademarks is legally protected by international trademark registration. It is not difficult to show your legal right in court if the trademark is registered. As a result, it’s critical to examine whether a trademark, such as a term, slogan, or logo, is registered before filing an infringement action.
- Your brand will be protected against counterfeiting if you register your trademark internationally. You have the ability to make a claim for any infringement that occurs during import or export.
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