In the era of the internet, the planet has become a global village. This comes within the form of a blessing for most companies. Because now, they will reach out to potential customers from different pockets of the globe, and sell their products or services internationally, all from the comfort of their local office.
But this tremendous advantage comes with its own set of problems. just like the challenges of protecting your intellectual property, as an example . Today, it’s more difficult to safeguard and secure your brand’s assets than, say, it had been years back.
Just like customers all over the world can now reach companies easily, property infringers from anywhere in the world can also access a company’s IP easily. It takes minutes to steal brand assets over the web , which puts companies during a vulnerable position, especially if they need not registered their IP.
So, how can we protect our IP?
Well, the primary step would be to get trademark protection. this is often a straightforward way of strengthening your defenses.
Registering a trademark will offer you the exclusive right to use the trademark symbol in association with your products on services. It discourages potential infringers from illegally using your brand assets and just in case of infringement, it gives you the proper to sue the infringer.
A trademark also is a great source of identification. It sets you aside from your competitors and gains incredible customer credibility.
But, what about international trademark protection?
You can take your IPR strategy a step forward by getting international trademark Registration and in contrast to what popular myths claim, an experienced trademark lawyer would tell you that it’s quite possible to gain trademark protection across borders.
Through the Madrid Protocol Agreement, entities can register their trademark in multiple countries.
In a nutshell, the Madrid Protocol Agreement is a world system that allows entities to obtain trademark protection in multiple countries by filing a single application. It is, however, important to notice that this trademark protection can only be obtained in countries which are contracting parties of the treaty. Direct applications will need to be filed in other countries.
To know more about the Madrid System, read our recent blog post – Here’s how you’ll gain trademark protection in more than 100 countries
If you or your company belong to a rustic that is deemed a convention country by India, you’ll apply for trademark registration in India. If you apply within 6 months of creating an application in your home country, you’ll be awarded similar protection as an Indian company would, through the Madrid Protocol.
Who is eligible to use for this trademark registration?
There are some basic requirements that you must fulfill in order to be eligible for obtaining the international trademark:
To file a standard trademark application in India directly without claiming priority date of registration filed in your home country, you ought to be either a person, trader, merchant or a service provider who claims to be the proprietor of the trademark used or proposed to be used or wishes to use the identical for his goods or services.
To file a world trademark application in India by the Paris Convention treaty to claim the priority date of the trademark application filed in your home country, you ought to file the trademark application in India within 6 months from the date of priority application.
To file the international trademark application in India by Madrid protocol, you ought to be a national, a domicile or have a business during a contracting party included in the Madrid protocol and should have a trademark registration or at least a trademark application in your home country. this may be considered as the basic mark for your international application.
What is the process for filing the international trademark application?
There are four basic steps during this process. And so as to cover all your bases, it’s advisable that you consult a trademark lawyer at every step.
Basic Mark:
To begin with, you want to have a registered trademark or a trademark application in your home country. Your international trademark are going to be based on this basic mark, so ensure to fill in all the details correctly. So, as an example , if you belong to a clothing brand from Brazil, you want to have a registered trademark or at least a trademark application in Brazil, before you’ll apply for the same in India.
Certifying the Mark:
You will have to file the international trademark application through your office of origin, in your home country. it’ll be forwarded to WIPO once they certify the application.
Examination by WIPO:
Next, the WIPO will formally examine your application. And if it’s approved, the mark are going to be recorded in the international register as well as published in the WIPO Gazette.
Substantive Examination:
The trademark office of India will then conduct an extra substantive examination, which is undertaken under the purview of the domestic law.
Usually, you ought to know within a time period of about 12 to 18 months as to whether your international trademark protection is accepted or rejected.
If your application is accepted, your international trademark is registered under the Madrid Protocol for 10 years.
At the identical time, if you’re simultaneously applying for international trademark protection in India as well as other countries, you ought to keep an important thing in mind.
If your application is accepted by one among the member countries, it doesn’t mean that it cannot be rejected by other countries. Thus, it’s always better to rely on the expertise of an international trademark attorney when it comes to such matters.
What are the advantages of applying through the Madrid Protocol?
It streamlines the procedure of obtaining trademark protection in multiple countries.
If you were to file a separate trademark protection application in each country, it might be comparatively much more expensive.
Once you’ve gained international protection, renewal, change of name, address or ownership and the other subsequent change becomes cost efficient as well as less time consuming.
What’s next?
If you’re considering getting an international trademark, get in-tuned with an IPR expert today.
As a highly preferred trademark firm in India, we are equipped to help domestic as well as foreign companies with all the steps of gaining trademark protection in India as well as globally. Our experienced attorneys guide you thru every step of the application, in order that the whole process becomes seamless.
Our goal is to not only facilitate your gain trademarks in a variety of countries, but also allow you to create a strong legal base for your international business by helping you navigate intellectual property rights from the very beginning. Our IPR services include registration of trademarks and repair marks in India and globally, conducting appropriate searches to work out priority and availability of marks, and negotiation and drafting of licenses, assignments, and other related agreements. If infringement or trademark conflicting disputes arise in India, our skilled trial attorneys represent clients in resolutions and through several phases of litigation.
Read more,
What is The Procedure For Trademark Renewal