International Trademark Registration In India

 A trademark is a brand or logo that contains the symbol, letters, words, numbers, or phrases associated with a company's or individual's goods or services. A trademark is a corporate identity that allows consumers to distinguish branded goods or services from others. As a result, trademark registration is required to protect against unauthorized use by others.



However, trademark registration is restricted to specific areas. As a result, when a trademark is registered in India, it gives protection exclusively within India. For protection outside of India, a trademark owner must get international trademark protection. When trademark owners get worldwide registration, they can use the mark outside of India and prevent others from using a similar mark in the global market.

International Trademark Registration Online Process Under the Madrid Protocol

The International Trademark Registration Online Procedure under the Madrid Protocol involves the following steps-

Trademark Search

Before filing for foreign trademark registration, the applicant must do a trademark search. The applicant can execute a trademark search on the WIPO's Global Brand Database to see if any similar or identical registered trademarks exist. The applicant must guarantee that there are no comparable or identical registered trademarks in any of the Madrid Protocol nations where they intend to file for trademark registration. The application will be refused if a similar or identical trademark already exists.

Application for Registration

Following the trademark search, the applicant must complete Form MM2 for international trademark registration (E). As the office of origin for Indian firms, the applicant should file for the international trademark registration application with the Office of the Registrar of Trademarks in India. 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 when it has been verified. Finally, the applicant must electronically file the foreign trademark application through the official IP India website and pay the processing cost.

WIPO Examines the Application

WIPO will assess the trademark registration online application when the Registrar of Trademarks Office submits it. When the World Intellectual Property Organization (WIPO) approves the registration application, the trademark is included in the International Register & published in the WIPO Gazette of International Trademarks.

WIPO Notification of Trademark Registration

The WIPO will notify each Madrid Protocol member country where the applicant wishes to acquire registration of the international trademark application. The member nations will examine the international registration application in accordance with trademark legislation and standards. The member nations will submit their assessment report within 12 to 18 months of receiving the trademark registration application and notify WIPO of approval or denial.

Opposition to Trademark Registration

If any member country objects to the trademark registration application, it must be appropriately filed to the WIPO. The opposition procedures to the trademark application shall be handled directly between the trademark applicant and the relevant Madrid Protocol member nation. Response, appeal, hearing, and prosecution are all part of the opposition procedures. The WIPO will be involved throughout the opposition process.

Registration of International Trademarks

When the member nations accept the application, the trademark will be registered for ten years in the corresponding designated member countries under the Madrid Protocol. Following the acceptance of the registration application, the applicant will be provided with a statement of the grant, which validates the international trademark registration of an Indian trademark.

Benefits of International Trademark Registration

The benefits of International Trademark registration are as follows-

Statutory Safeguard

International trademark registration legally protects the trademark against international infringement. The registered trademark is protected against unauthorised use by a third party in the foreign nation where it is registered. When a trademark is registered, it is much easier to show the legal claim to it in court.

Possibility of doing business

A trademark is an intangible acquisition of a firm or company that is integral to the brand's growth. A successful trademark gives the company the possibility to generate money. When a trademark is registered worldwide, the owner can licence it to a foreign firm. As a result, worldwide trademark registration facilitates the success of a brand or product.

Brand protection during export or import

International trademark registration protects the branded goods against foreign parties misusing the trademark in foreign countries. As the trademark gains recognition in other countries, it is more likely to be duplicated or utilised illegally by other parties to obtain clients. In the event of such infringement during import or export, international trademark registration grants the ability to take legal action and protect the trademark connected with a product or service.

Conclusion

The Madrid Protocol permits trademark registration online in Madrid Union member nations. The Madrid Union has 112 members from 128 different countries. By filing a single application at the national trademark office or office of origin, the trademark holder can achieve international trademark registration under the Madrid Protocol.


The Registrar of Trademark Office is the office of origin for filing an international trademark application under the Madrid Protocol if the firm is registered in India. The origin office will process the trademark registration application and file with the Intellectual Property Organisation in Geneva.

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