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Registration of trademarks is restricted based on territories. This means that for every country you choose to expand your business to, you have to apply there for a separate trademark individually. It is a process that must be completed within a limited period. National trademark registrations terminate at the end of each country’s border and do not allow their trademark holders to use their trademark registration rights outside of the boundaries of the country or territory.
With the main aim to register a trademark under multiple countries, The purpose of Madrid Protocol was introduced in the year1996. In the Madrid Protocol or agreement, the process of international trademark registration is explained. To complete the registration process, all you have to do is to file an application for International Trademark Registration through the relevant trademark office of the applicant.
The Madrid Protocol stipulates that international trademark registration applications must be filed by the trademark applicant via the trademark office of the applicant, commonly referred to as the place of origin. Suppose you need the trademark registration done in India, then the Office of Registrar of Trademark, India, will be your workplace of origin.
The trademark application which is filed satisfies the standards required to be entered into the International Register, and further, the same will be published in the WIPO Gazette of International Marks. In addition to granting the international registration certificate, the International Bureau also announces that all nations are abbreviating the Madrid Protocol, for which the trademark applicant has sought protection and certificate. Madrid System assists in the registration of international marks.
There are about 94 countries that are parties to the Madrid Protocol, and therefore every International Trademark can yield protection from them.
Trademark registration allows you to protect your trademark legally, as you can sue someone if you suspect that their trademark is being infringed. It is always better to have legal assurance against any infringement; that’s why always register a tagline, slogan or logo.
The trademark acts as an intangible asset for your business and paves the way for its growth. Through licensing and franchising, brands like Adidas and McDonald’s have acquired more profit and fame through successful trademark registration.
E-commerce and online businesses rely heavily on international trademark registration to grow and develop. Online trading leads your business in the right direction as it is accessible to international consumers anywhere in the world if you own a trading business online.
A trademark registration process is valid for approximately ten years from the filing date. Your registration can be altered, changed, or renewed easily. In order to renew the international trademark registration, you can file the same application form that you filed with WIPO.
Your brand and products are protected against counterfeiting during Import/Export transactions. In case any infringement takes place, you have the right to take legal action to protect yourself from any loss due to the infringement.
For example, if you are a citizen and own a business in Australia, but you are associated with Canada and also an individual from the Madrid System, then, in that case, you have to go through Canada’s Intellectual Property Office for your registration application.
Please keep in mind that registering the trademark before filing an international application is mandatory; if you haven’t yet filed registration, then you must submit an application at the Trademark and IP office of your home country. An application for trademark registration at this level is known as a Basic Trademark Application. You get the option to apply for International Trademark registration through the same office after completing the Basic Trademark registration.
In the prescribed time period of about 12 or 18 months after their act, the IP Offices of the nations will choose the place where you must ensure your mark. A notification will be mailed to you regarding the options of the Trademark Offices in the International Register.
A trademark that is not protected by an IP Office, either partially or completely, does not influence the options of other Offices. According to its legislation, you can make an exception or a refusal choice directly before the Trademark Office is involved. In the event that an Office acknowledges and admits to ensuring your mark, it will issue an announcement of the award of insurance.
This International Trademark validity is ten years, and you can apply for renewal once it’s expired after ten years
Registration time depends on the country and differs accordingly; however, the maximum is 18 months.
The International Registration of Trademarks is regulated by an aligned system; this is called Madrid Protocol.
WIPO, or World Intellectual Property Organisation, is responsible for reviewing trademark applications. However, the contracting Party or nation or domain in which you have filed are also allowed to examine your application as per their norms.
Yes, in 2013, India became a part of the Madrid Convention.
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