International Trademark Registration
A unique identity or symbol that distinguishes a product or service from similar products within the market may be a Trademark. Every national trademark registration has an end at that particular country’s boundary, therefore for International Trademark Registration Online in India; you have to file for separate trademark registration under multiple countries.
Benefits of International Trademark Registration
International Trademark registration helps you in protecting your trademark legally, as you'll sue someone for any infringement doubt. Hence it's always important that before choosing the legal thanks to battle against infringement, register your mark whether it's a word, phrases or slogan, or logo.
Trademark acts as an intangible asset and paves a good path for the growth of your business or brand. Successful trademark registration provides your business with a chance to realize more profit and fame like brands like Adidas or McDonald’s have gained extra money through licensing and franchising agreements.
The registered brand or product gets global recognition through international trademark registration.
Beneficial For Online Business Operators
International Trademark Registration plays a vital role in the growth and development of the online or e-commerce business. If you own a trading business via online then somehow it leads your business in the right way as it is available to international consumers all around the world.
Changes and Renewal
The validity of the International Trademark Registration process is about 10-years from the date of filing. And it is easy to alter or change or renew your registration. For the renewal of the international trademark registration, all you've got to try to do is to submit an equivalent form that you've got filed to WIPO.
Protects Your Brand During Export/Import
International Trademark registration protects your brand or products or business from counterfeits. In case any infringement happens while importing or export, then you have all right to take legal action on such infringement.
Requirements for Obtaining International Trademark Registration
There are three main requirements for obtaining a world trademark registration in India:
- The applicant should be a national of India or domiciled in India or have a real and effective business or commercial establishment in India.
- The applicant must have a national (Indian) trademark application or registration of a trademark with the Indian Trade Marks Registry. This national trademark application/registration will be used as the basis of the international application. The international application will have an equivalent trademark as mentioned within the national trademark application or registration; The list of products and services mentioned within the international application should also be identified with the national mark.
- The applicant in the international application must choose one or more other member countries of the Madrid Protocol, where the applicant wants to protect his trademark.
Procedure for Filing International TM Application
International application in each foreign country
To file a world application under Madrid protocol through India the applicant must be an Indian national or domiciled in India or the applicant has a real or effective business or commercial established in India. The applicant must have filed a Trademark application in India or maybe a registered owner of the trademark that International registration is sought. Kindly note that the International application can be filed for the same trademark as mentioned in the national trademark application or registration, at the same time the description of goods or services mentioned in the trademark application needs to be identical or no wider than the basic national mark.
International application under the Madrid system
The international application may be filed with the help of an Attorney, for that the Attorney must be duly authorized on Form TM-48 by the applicant. As TM-48 is in the nature of Power of Attorney hence the applicable Stamp duty must be paid based on the state-specific stamp duty Act under whose jurisdiction it is executed. The International application is to be submitted in the prescribed Form MM-2(E) however, if it is the case of the USA then another application in Form MM-18 (E) need to be filed and in case the foreign country is a part of the European Union then the applicant must indicate a second language in the application out of French, German, Italian and Spanish.
Upon receiving an International application, the Registrar shall verify that it is in conformity with the provisions of Madrid protocol and will transmit such application to WIPO. After verification, the WIPO transfer it to the concerned foreign Govt. The application is processed by the foreign Govt. as per their law and every one communication is routed through the Indian Govt. The International Trademark Registration depends upon the validity of local registration for a period of 5 years, in other words, if the local registration ceases to possess an impact or the appliance of TM is refused or withdrawn or treated as abandoned within 5 years then the International registration is going to be not protected.
The WIPO scrutinizes International applications received from offices of origin. If any irregularity is found, the International Bureau notifies such irregularities to the office of origin concerned also on the applicant/applicant’s authorized representative. The irregularities are ordinarily rectified through the office of origin within the amount of three months from the date of notification. When the international registration is accepted for protection in respect of all or some goods/services, the particulars of the international registration shall be published in a separate part of the Trademarks Journal and if no objection is received the Trademark gets registered.