Trademark registration is restricted to specific geographic areas, meaning that registering a trademark in India offers protection solely within the country.
To secure protection for their trademark beyond India, trademark owners must obtain international registration.
By obtaining international registration, trademark owners can utilize their trademark in other countries and prevent others from using the same trademark in the global market.
Let’s understand all about International Trademark Registration in India.
Direct International Trademark Registration Application Process
To apply for trademark protection directly in a foreign country, it is necessary to submit an international application to the trademark office of that country, following the legal requirements specified by that country.
Steps for Direct Filing of an International Trademark Registration Application
Step 1: Apply to National Trademark Office
- The first step is to apply to the relevant national trademark office by filling out Form MM2 or MM-18E (US).
- Once submitted, the application will be examined by the national office.
Step 2: Examination by WIPO
- After the national office approves the application, it will be sent to the WIPO for verification that it is error-free.
- If the WIPO approves the application, it will be published in the WIPO’s International trademark gazette.
Step 3: Examination by National Trademark Office of Each Country
- Once the application is published in the WIPO gazette, the appropriate national trademark authorities will review it for any errors.
Step 4: Domestic Procedure
- A common element of the national procedure is publishing the application in the national gazette or bulletin to provide other trademark owners a chance to raise concerns.
- If there are no issues, the trademark will be registered promptly.
Step 5: Provisional Rejection
- The national office has up to one year to file a notification of provisional denial.
- If there are issues with pre-registered trademarks, the national office can extend the deadline to 18 months or more.
- If the trademark is registered without any issues, it can be sold to consumers abroad, which is particularly advantageous for online operators.
Document Requirement for International Trademark Registration in India
The necessary paperwork includes verification of a company or a registered user, the PAN card and Aadhar card of the applicant, information on the logo, MSME Registration, and either the trademark registration certificate or the trademark application number if the trademark is being processed in India.
For detailed document requirements for International Trademark Registration in India, you should contact our trademark registration experts.
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Madrid Protocol: An Alternative for International Trademark Registration
- The Madrid Protocol is an international treaty aimed at simplifying the process of registering trademarks internationally.
- With the Madrid Protocol, registrants can fill out a single application in their home language that can be applied to more than 90 member countries.
- However, it’s essential to understand that this application won’t provide global trademark protection.
- Although the Madrid Protocol streamlines the application process, it doesn’t impact approvals, which are still made country-by-country.
Direct vs. Madrid Protocol for International Trademark Registration – Which One to Choose?
Deciding between direct international trademark registration and the Madrid Protocol can be a challenging task that requires careful consideration of various factors.
While the Madrid Protocol can simplify the application process for registering a trademark in multiple countries, it may not be the best choice for every situation.
Direct international trademark registration, on the other hand, offers more comprehensive protection, but it can be more complex and costly.
To make the right decision for your specific case, it’s advisable to consult with a qualified Chartered Accountant who can provide expert guidance on the best approach for your business needs.
They can analyse your trademark portfolio, assess your long-term goals, and help you navigate the intricacies of international trademark law.
Consult a Chartered Accountant today:
In case you need any further guidance with regard to online Trademark Registration, please feel free to contact us at 8881-069-069.
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