Trademark Registration is limited to territories; for each nation where a person would like to mark his/her existence, must apply separately for trademark registration. An International Trademark Registration authorizes the trademark possessor to register trademarks in more than one country with a single, uniform application through a centralized filing system administered by the WIPO (World Intellectual Property Organization).
Table of Contents
General Idea of International Trademark Registration
Trademark Registration is limited to territories; for each nation where a person would like to mark his/her existence, must apply separately for trademark registration. An International Trademark Registration authorizes the trademark possessor to register trademarks in more than one country with a single, uniform application through a centralized filing system administered by the World WIPO (Intellectual Property Organization).
The Madrid Protocol was initiated in the year 1996, with the purpose of registering the mark under different countries. The Madrid agreement notifies the system of International Trademark Registration. All an applicant has to do is file an application through the trademark office for International Trademark Registration. The trademark applicant must record the international trademark registration application under the Madrid Protocol via the applicant’s trademark office, known as the workplace of origin. If there is an involvement of any Indian Business, the office of Trademark Registrar, India, is the workplace of origin. The application of trademark is processed by the office of origin and is recorded with the WIPO (World Intellectual Property Organization) at Geneva.
Presume that the applicants’ trademark application is deemed perfect as per the stated provisions. In that case, the word, mark, or logo is recorded in the International Register and is published in the WIPO (World Intellectual Property Organization) Gazette of International Marks. The International Bureau at this point grants an international registration certificate and notifies every nation who is member in Madrid Protocol for which the trademark applicants mention security. The Trademark office of every nation has the sovereignty to deny the security of trademark by counselling to the International Bureau as far as possible stated in the Madrid Protocol. The Madrid Protocol has set unyielding time limits points of 12 years or year and a half for questions to be raised by the designated offices.
What are the benefits of International Trademark Registration?
The following are the advantages of International Trademark Registration:
· Legal Protection
International trademark registration grants legal protection in case of violation by any other entity or individual, so the registration helps the creative owner of the trademark to prove his/her ownership over the registered mark. Prior to taking any legal action against violation, an individual has to ensure that the word, slogan, or logo is accurately registered.
· Business Opportunity
Trademark can be measured as an intangible asset and plays an indispensable role in the expansion of a brand. A successful trademark offers every business organization an opportunity to earn recognition and money. Big Businesses like McDonald’s and Nike have earned recognition and money and are currently earning royalties through licensing agreements.
· Unique Identity
In the global market, an invention gets recognition by means of international trademark registration. A product’s unique identity makes it well-known among the consumers; registration is the primary step towards ensuring unique identity of the mark.
· Beneficial for Online Operators
International Trademark Registration plays an indispensable role in the escalation of an e-commerce business. If a business is involved in providing goods and services on the online platform, then trademark registration make way for the product to be obtainable by international consumers.
Once a corporation has got acknowledgment in the comprehensive market, it becomes viable for a trademark to increase popularity among the persons. It is astute to register a trademark internationally and in different countries where the products are available.
· Changes and Renewal
Once an individual has registered a trademark worldwide, it is legitimate for ten years from the date of registration. Although, it is trouble-free to replenish facility and access changes. A person for renewal purposes has to file the same application and submit it to the WIPO (World Intellectual Property Organization).
· Protects Brand During Import-Export
If a trademark is registered globally, then the brand is safeguarded from forged. In case of violation by any person or entity during export or import, the trademark owner can take legal action against such infringement.
What are the requirements for obtaining International Trademark Registration?
To fulfil the requirements for registration, 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 course of using Madrid Protocol, a person must have an association with one of its “Contracting Parties.” This association will help such person in determining his/her office of origin.
Step by Step process 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 limited to territories; for each nation where a person would like to mark his/her existence, must apply separately for trademark registration. An International Trademark Registration authorizes the trademark possessor to register trademarks in more than one country with a single, uniform application through a centralized filing system administered by the WIPO (World Intellectual Property Organization).