International Trademark Registration 2018-12-14T06:28:47+00:00

Trademark Registration in Australia

Trademark Registration in China

Trademark Registration in Dubai

Trademark Registration in Srilanka

Trademark Registration in Hong Kong

Trademark Registration in New Zealand

Trademark Registration in Singapore

Trademark Registration in United Kingdom

Trademark Registration in USA

Trademark Registration in India

International Trademark Registration

Trademarks have provided for means for many brands to help protect their brands, unique ideas and smart infographics. Many a time, a brand does well in the local markets and wants to expand their business globally.

This presents businesses with a unique problem. Trademarks registered with the local authorities are only valid locally. This means a company using a mark in one country say India, cannot claim to have the same Trademark in another country say, Sri Lanka. Therefore, a trademark registered under the regulations of the Trademark laws in India is only applicable in the territory of India.

Generally, whoever registers the trademark first owns it, therefore, it is advisable for businesses to register the trademarks in all countries they see as a potential market. Many companies expanding their operations to a global scale face this issue and they realize the importance of registering an International Trademark very late. It is a common occurrence to see counterfeiters as well as imitators of a particular brand operating in other countries. Sometimes, your brand might also be in violation of a trademark in that country since your registered trademark only works in your country. This could turn out to be very detrimental to a company’s business strategy as well as their export strategy. It could be very damaging for a company to invest resources in a brand promote it locally only to find out that the brand cannot be used in another country, causing a huge loss in investment.

International Trademark

In order to avoid these issues and provide a one-stop solution for the issue of registering a trademark across various countries, the concept of an international trademark was introduced. The international trademarks were introduced under the Madrid System for the international registration of marks. The Madrid System has been implemented in accordance with the Madrid Agreement Concerning the International Registration of Marks of 1891, as well as the Protocol Relating to the Madrid Agreement (1989). This Madrid protocol basically lays the foundations along with the rules and regulations for registering a trademark across the various participating nations. India joined the Madrid Protocol on the 8th of July, 2013.

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Benefits of International Trademark

The one consolidated registration of trademarks under the Madrid protocol has basically provided individuals as well as businesses many benefits which include better portfolio management as well as cost savings. Let’s look at some benefits your business will enjoy by using an international trademark registration procedure under the Madrid Protocol.

  • Exclusive rights to commercialize and market products in a particular country.
  • Provides the company with a solid platform to fight against counterfeiters.
  • Opportunity to license the trademark to other firms and help expand the company’s franchising/merchandising and other efforts for improving the branding efforts .
  • Managing renewals, change in address, change in ownership is easier as well as more cost-effective.
  • The provision of adding more countries to the trademark list can be availed if the company plans to deploy their products in new markets.

Requirements for obtaining an International Trademark Registration

  • Applicant should be a resident of India or should have a domicile of India/ have an effective commercial establishment in the country.
  • The person/business should have a national trademark application or registration.
  • 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.

International Trademark Registration under Madrid Protocol

The application for the international trademark under the Madrid Protocol, company/organization/ individual should first file a trademark in the respective country. For eg. your place of origin is India, you have to first file a corresponding trademark with the Office of Registrar of Trademark, India. Once the trademark is filed with the Indian office (labelled office of origin) with is then forwarded by the office of origin with the Intellectual Property Organization at Geneva.

Under a single application in accordance with the Madrid Protocol, several countries will be allocated for a particular trademark from the list of participating members under the protocol. The fees for filing the trademark will depend on the number of countries and the number of classes allocated to the applicant.

Upon filing the application from the office of origin, all designated members countries will examine the mark and will approve it for forwarding for registration. If the trademark is seen to be fit, it will be recorded in the international register and will be published in World Intellectual Property Organization (WIPO)

Time Frame for International Trademark

The entire process for registering an international trademark including a Trademark in the office of origin (Registrar of Trademarks) will take about 18 to 20 months and an additional 18-20 months for registration with the international body.If you already have a registered trademark and just want to extend in other countries it will take onlt 18 – 19 months for a registered trademark in member countries.

An international Trademark is valid for 10 years.

Members Madrid Protocol

As of this day, There are 102 countries who comply with the regulations and are a party to the Madrid Protocol. These are listed below:

  1. Afghanistan
  2. African Intellectual Property Organization
    (OAPI)
  3. Albania
  4. Algeria
  5. Antigua and Barbuda
  6. Armenia
  7. Australia
  8. Austria
  9. Azerbaijan
  10. Bahrain
  11. Belarus
  12. Belgium
  13. Bhutan
  14. Bosnia and Herzegovina
  15. Botswana
  16. Brunei Darussalam
  17. Bulgaria
  18. Cambodia
  19. China
  20. Colombia
  21. Croatia
  22. Cuba
  23. Cyprus
  24. Czech Republic
  25. Democratic People’s Republic of Korea
  26. Denmark
  27. Egypt
  28. Estonia
  29. Eswatini
  30. European Union
  31. Finland
  32. France
  33. The Gambia
  34. Georgia
  35. Germany
  36. Ghana
  37. Greece
  38. Hungary
  39. Iceland
  40. India
  41. Indonesia
  42. Iran (the Islamic Republic of)
  43. Ireland
  44. Israel
  45. Italy
  46. Japan
  47. Kazakhstan
  48. Kenya
  49. Kyrgyzstan
  50. Lao People’s Democratic Republic
  51. Latvia
  52. Lesotho
  53. Liberia
  54. Liechtenstein
  55. Luxembourg
  56. Lithuania
  57. Madagascar
  58. Malawi
  59. Mexico
  60. Monaco
  61. Mongolia
  62. Montenegro
  63. Morocco
  64. Mozambique
  65. Namibia
  66. Netherlands
  67. New Zealand
  68. Norway
  69. Oman
  70. Philippines
  71. Poland
  72. Portugal
  73. The Republic of Korea
  74. The Republic of Moldova
  75. Romania
  76. Russian Federation
  77. Rwanda
  78. San Marino
  79. Sao Tome and Principe
  80. Serbia14
  81. Sierra Leone
  82. Singapore
  83. Slovakia
  84. Slovenia
  85. Spain
  86. Sudan
  87. Sweden
  88. Switzerland
  89. The Syrian Arab Republic
  90. Tajikistan
  91. Thailand
  92. The former Yugoslav Republic of Macedonia
  93. Tunisia
  94. Turkey
  95. Turkmenistan
  96. Ukraine
  97. United Kingdom
  98. United States of America
  99. Uzbekistan
  100. Viet Nam
  101. Zambia
  102. Zimbabwe