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Trademarks are a defensive and expansion strategy for businesses all over the world. With the expansion of globalisation and online marketplace presence, it is no longer viable to maintain track of information made public on social media and the internet. There is a "who gets there first" mentality due to the presence of new generation entrepreneurs and competition. In addition to these concerns, there are a number of other variables that have made it necessary for businesses to safeguard their brand abroad and reap the rewards of globalisation. From the perspective of an entrepreneur, international trademark registration is essential because failing to do so will undoubtedly reduce the impact of your trademark, resulting in financial losses for your company as well as a loss of goodwill. International trademarks would also make it easier to licence trademark rights to other organisations, which would support franchise operations.
A specific brand must be checked to make sure it has not already been registered before moving on with the international trademark registration. Any applicant can look for any trademark that is already registered in the market where they wish to apply by using the WIPO's (World Intellectual Property Organization) Global Brand Database. The search might be based on the type of goods or services to be used, the text used in the trademark, the picture used in the trademark, and other factors.
The registration application must be submitted using an M2 form. This application's pertinent information must be carefully filled out and must line up with registration at the Indian Trademark Office. All of the details, including the mark's names and descriptions, the class of goods and services, the priority date, and other specifics, are checked to make sure they line up with the information in the basic application. If they are identical, the Indian trademark office will then send the application to the World Intellectual Property Office and provide a certificate indicating the date of the international application. The Indian Trademark Office levies a minimum price of Rs. 2000 for this procedure.
The World Intellectual Property Organization will carry out a formal and thorough assessment to determine if the application complies with the Madrid Protocol's and other rules' criteria. If they discover any differences, they will let the applicant know about them and allow them three months to fix them; if they don't fix the discrepancies within the allotted time, the application will be deemed abandoned. The same will be included into the International Register and published in the WIPO Gazette of International Marks if it complies with the Madrid Protocol's standards and the other information given is likewise in compliance. They will now notify the trademark offices in the nations where the applicant has requested an extension of the mark's protection. Additionally, the applicant will receive a certificate of international registration. This is a crucial step in the process but does not constitute trademark registration in the desired nations.
The offices of the respected nations will then conduct a thorough review based on their legal frameworks and pertinent regulations, much like they would if a direct application were submitted. and would notify WIPO within a 12- to 18-month period. The same procedure as when applying in India will then be followed. The applicant would receive notification from WIPO once the decision was recorded and either approved or rejected. The grant statement has a 10-year validity period if it is authorised. Additionally, if it is rejected, WIPO will not get involved in the ensuing proceedings involving the applicant and the trademark office of the selected member nation.
International Trademark Services involve assisting businesses in protecting their trademarks across multiple countries, ensuring their brand identity is safeguarded against unauthorized use or infringement.
Trademark protection is essential internationally to prevent brand dilution, maintain customer trust, and establish legal rights in foreign markets, enabling businesses to expand globally with confidence.
To register a trademark internationally, businesses can use the Madrid System, which allows a single application to cover multiple countries, or file separate applications in each target country.
The Madrid Protocol is an international treaty that allows trademark owners to seek protection in multiple countries through a single application, simplifying the registration process and reducing costs.
Benefits include enhanced brand protection, simplified management of trademarks across jurisdictions, increased market presence, and stronger legal standing against infringement globally.