Sep 11, 20233 min read

How Do I Get An International Trademark?

The Madrid Protocol was formed in 1996 to facilitate the registration of a mark in numerous countries. The Madrid Accord defines the mechanism for international trademark registration. All you have to do is file an International Trademark Registration application with the applicant's trademark office. To register a trademark under the Madrid Protocol, the applicant must file an international trademark registration application with the trademark office, commonly known as the place of origin. If a transaction occurs in India, the location of origin is the Office of the Registrar of Trademarks in India. The trademark application will be handled by the origin office and registered with the Intellectual Property Organization in Geneva.

If your trademark application is deemed flawless by the requirements, your mark, logo, or phrase can be included in the International Register and published in the World Intellectual Property Organization (WIPO) Gazette of International Marks. The International Bureau issues an international registration certificate and notifies nations that have signed the Madrid Protocol that the trademark has been registered. For complaints submitted by authorized offices, the Madrid Protocol sets a rigorous time restriction of 12 and a half years.

International Trademark Registration through National Trademark Office (Office of Origin) Registration Procedure

Before filing an overseas application, ensure that you are registered; if not, make an application with the country's Trademark and IP office. This type of application is known as a basic Trademark Application. Once you have completed the Basic Trademark Application process, you may file for an International Trademark through the same agency, which will then transmit it to WIPO.
Your application is being reviewed by WIPO (the World Intellectual Property Organization). When your international mark is authorized, it is entered into the International Register and published in the WIPO Gazette of International Marks. WIPO will subsequently issue you an authentication of your worldwide registration and notify the IP Offices in all domains where you have sought to safeguard your mark. Please keep in mind that the level of guarantee of a global registration cannot occur at this stage in the procedure. It is only chosen after substantial review and selection by the IP and Trademark Offices in those domains.
The IP Offices of the regions will decide where you need to register your mark within the applicable time restriction (12 or 18 months) following their enactment. WIPO will enter the Trademark Offices' choices into the International Register and inform you. If an IP Office refuses to protect your mark, whether entirely or partially, this decision has no bearing on the decisions of other Offices. Under the Trademark Office's legislation, you can directly dispute a rejection decision. If an Office acknowledges assuring your mark, it will announce an assurance award. This International Trademark is valid for ten years. If you like, you can renew your registration after ten years.

Timeline

Each country's processing period varies, but none exceeds a year and a half. If the trademark is not rejected within this time frame, it is considered registered in the relevant country. Your application will be produced in each domain that you have selected. The authorities will inform you if the trademark has been deemed legal or if the registration has been refused in their country. A letter of denial will provide information about the steps necessary in the application or the reasons for the refusal. Furthermore, a time constraint must be met to complete the adjustments. Different nations will have different practices for determining what is satisfactory in terms of products and services.

Benefits of International Trademark Registration

Legal Protection: International trademark registration legally covers any violation of a specific trademark by a third party. If the trademark is registered, proving legal rights in court is simple. As a result, before going through the legal procedure to challenge an infringement, it is critical to establish that the trademark, i.e., the term, phrase, or logo, is registered.
Opportunity for Business: A trademark functions as an intangible asset and is critical to the success of your brand. A successful trademark allows your company to generate money and gain renown. Royalties have been generated by companies such as Nike and McDonald's through licensing agreements.
Distinct Identity: Through international trademark registration, your product gains global recognition. Registration is the first step towards achieving this.

If you are searching for an international trademark lawyer, ip litigators, labour lawyer, or International copyright lawyer, you can contact Lead India. Lead India offers digital resources, free legal advice, and legal consultations. If you call Lila, you will be able to talk to a lawyer directly. ask a legal question for advice.