International Trademark Registration

By Trademark Bazaar - 22nd September 2017

International Trademark Registration

Any person seeking trademark registration internationally is required to obtain the registration through Madrid protocol. Madrid protocol helps the applicant to obtain trademark registration in multiple countries.

Madrid system facilitates international registration of the trademark in multiple countries through a single application.  In order to obtain international trademark registration, the applicant shall have acquired registration of the trademark with the Indian trademark registry. The trademark and its details entered in this application shall be similar with details added in the national trademark.

Further, only one International application is sufficient to be filed in order to register a trademark in one or many foreign territories, provided the countries are parties to the Madrid convention. (There are 98 countries that have signed and ratified the Madrid convention)

Procedure for International Trademark Registration

  1. After processing the trademark application in the origin office it will be processed and filed with International Bureau of the World Intellectual Property Organization (WIPO) at Geneva. 
  2. If the international registrar will be satisfied by the application filed then the mark is recorded in the International Register and will be published in the World Intellectual Property Organization (WIPO) Gazette of International Marks.
  3. Further, a certificate of international registration will be sent by the registrar to notify each of the country contracting to the Madrid Protocol for which protection has been requested by the trademark applicant.
  4. Any country which is associated with Madrid convention is empowered to refuse protection of the mark by notifying to the International Bureau within the time limits specified in the Madrid Protocol. The Madrid Protocol has set strict time limits of 12 or 18 months for objections to be raised by the designated offices.
  5. In case no objection is raised by any country then the protection of the mark in each of the country is the same as if it had been registered by the Office of that country.
  6. The trademark registered under the Madrid Protocol, is registered for 10 years and after that, it can be renewed.

 

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