Global Trademark Search | Why is it Important to protect the Brand?

World Intellectual Property Organization (WIPO) defines a trademark as a sign capable of distinguishing goods and services. Trademarks are intellectual property and are protected for 10 years after trademark registration. But before registration, do a good Global Trademark Search o avoid any conflicts or duplicacy. Now anyone can apply trademark registration online too.

Intellectual Property Rights

Each country has an act created by their respective legislature to protect Intellectual properties from plagiarism or theft. Also, the legislation laid down a procedure or mechanism to get these properties registered and make them legal. Moreover, reduce the chances of theft of these brilliant ideas. 

But as we all know we are blessed with the facility of the internet, and this blessing made our world very small but provided us with good business opportunities. In fact, it opened the ground to expand the business in other countries as well. 

Why Global Trademark Registration?

Global trademark registration is the procedure that enables a company or organization to sell products and services with their brand name in markets across the globe. 

With this in mind, it is really crucial for Global Trademark Search to avoid brand infringements.

Local trademark registration enables an enterprise to use its product identification mark in the local market. But many countries do not recognize common law or local trademark registrations. Therefore the international registration of trademark enabled companies to sell their products and services in the markets globally with their respective sign. Also, to safeguard a companies intellectual properties rights in the international market, this term developed its importance. 

Through one registration, you will get the protection of logos, names, images, colours, patterns, shapes, packaging of goods, sounds and smells of the business. 

You can avail these facilities in just one registration of Trademark to avoid theft of your ideas. Also, it will restrict other people from using your ideas by theft. Therefore, one should go through the process of trademark registration.

Procedure for Global Trademark Registration:-

World Intellectual Property Organization is the administering agency for the registration of trademarks on the international level. The system is called Madrid Protocol. 

This system allows a person to have a trademark protected in several countries by just filing a form from your home country, and the U.S. is a member. 

Therefore, if you registered a trademark with the U.S, it will be equivalent to the registration in the countries you are carrying on business or providing services. 

Currently, around 125 countries are part of the Madrid System among 109 Countries are member countries of this system.

Before carrying forward with the procedure of international trademark registration, one must go through the specifications to register a trademark internationally. Which are similar to the requirements of national trademark registration. 

To get international trademark registration, one must go through one of the national trademark offices of a contracting state to the Madrid Protocol. 

Who Can Register Trademark Globally: 

WIPO laid down three categories of citizens, a person or organization falling under either category can register their trademark globally, which are:

1. A citizen of a Contracting State to the Madrid System.

2. A legal entity resident in a Contracting State.

3. A legal entity with the real and effective industrial or commercial establishment in a Contracting State.

STEPS OF THE TRADEMARK REGISTRATION:

Madrid Protocol has laid down the procedure of global trademark registration in three stages –

STAGE 1: APPLICATION for TRADEMARK 

The first stage is filing a basic trademark application form. But, before filling the application do a good Global Trademark Search.

As per the protocol, the applicant has to apply for a trademark through the office of origin. The office of origin would be the Registrar of Trademark of that country where the applicant belongs. 

The office of origin will certify the application and forward it to WIPO at Geneva, and the applicant has to pay a prescribed registration fee. 

STAGE 2: EXAMINATION and REGISTRATION

Till this stage, everything was your part, and you were performing every step of applying. 

After submission of your application office of origin will forward your application to WIPO. Which is the administering agency of trademark registration at the international level.

At this stage, WIPO will conduct a formal examination of your application. In which WIPO will check the availability of the required mark and if your trademark application is found fit, then WIPO will register the mark in the international register. Also, publish it in the World Intellectual Property Organization Gazette of International Marks. 

After that publication, WIPO will provide a certificate of international registration to the applicant and notify countries mentioned in the application form, among which the protection has been requested. 

STAGE 3: OBJECTIONS 

After getting the notification, contracting countries has a time limit of 12 to 18 months to object to the request of trademark protection to the applicant in their respective country and objection can be raised by designated offices. 

An objection can raise only to the bureau in the prescribed format. 

The time limit of 12/18 months is a strict time limit by Madrid Protocol. Therefore, any country can refuse the protection of the mark by notifying International Bureau within the specified limit. 

If the bureau does not receive any objection within the specified time then the applicant will get the protection of the mark in each of the countries. 

It will be the same as if it has been registered by the office of the origin country.

Conclusion

WIPO under Madrid Protocol protects the trademark, which has been registered internationally for 10 years. Further, global trademark registrations can renew at the end of the 10 years directly through WIPO and the concerned office of origin. 

The facility of trademark has been a blessing to all the artists. Also, to those who have been working hard to make their products and services better and best. 

This Global Trademark Search facility has given the developers of intellectual property the credit of developing something through their intelligence and also protected their ideas from fraud and theft. 

WIPO has been administering this process on the international level with this procedure. Many business organizations can carry on business on an international level with their name. It also helps them is expanding their services to all contracting countries in Madrid System.