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Trademark or service marks are a type of Intellectual Property which distinguishes your goods and services from other business. By registering your trademark, you protect your brand legally. Trademark registration is generally territorial. A trademark registration done in a specific country applies to only that country. If you are planning to expand your business globally, you will be filing separate trademark applications for each country separately. Either get your trademark registered as per the prescribed law of that country or register your brand by the route of the Madrid Protocol. The Madrid Protocol prescribes methods for filing one international application for about 115 countries around the world. The application can be filed in English, French, and Spanish. This article describes the International Trademark registration procedure.
The International Trademark system allows you to protect your trademark in several countries by applying directly with the member country or through Madrid protocol. The trademark registration office of the concerned country must allow the protection of the mark. The International Registration allows the trademark owners to register their service marks in multiple countries (contracting parties) with a single and uniform application through a centralized filing system administered by the WIPO International Bureau. WIPO checks all the formal requirements like the accuracy of goods and services specification, relevant fees payments and then directs the International Trademark Registration to the chosen countries.
World Intellectual Property Organization (WIPO), a specialized agency of the United Nations having its headquarters in Geneva, Switzerland, administers the Madrid Protocol. An Indian Company, trust, society, firm, sole proprietor or any other entrepreneur can take advantage of the Madrid protocol. The Madrid Protocol prescribes procedures to obtain and maintain the protection of the brand around the world. It provides a user-friendly, expeditious and cost-effective set of methods for the central filing of trademark applications and the central management of trademark registrations with effects in various countries. After receiving the International trademark registration for protection of the mark in the designated country, you will be able to manage your rights very easily by following online procedures at a single point (WIPO) to renew your trademark rights every ten years.
The Madrid Union consists of Contracting Parties to the Madrid Agreement and the Madrid Protocol. The Madrid Union currently has 106 members, covering around 122 countries. It includes both states and Intergovernmental organizations that are contracting parties to the Madrid Protocol. The office of the Contracting Party where you apply to register your essential mark is referred to as the ‘Office of Origin.’ In International Trademark Registration, a person or entity can select contracting parties where you need to protect your mark.
The primary stages of International Trademark Registration under the Madrid Protocol are explained below:
The main requirements of an applicant for obtaining International Trademark registration in India is mentioned below:
To file an international application electronically, some simple steps must be followed:
The international application form (MM2) must contain the following mandatory requirements:
The international application also contain Contains some free content:
International Application for getting registration is accompanied by the payment to WIPO of a set of fees (in Swiss francs) which includes:
We at Enterslice offer worldwide trademark registration services. Whether you need to get your trademark registered in a single country or obtain global protection, our consultants can help you in the process. You don’t need to contact attorneys directly in every single country. Our experts will help you get through the process of getting the Trademark Registration quickly.
The Mobile manufacturer in India, Micromax received the international trademark registration giving it protection in over 110 countries. The international trademark registration for Micromax was processed under the Madrid Protocol. The Madrid Convention provides cost-effective, efficient and user-friendly procedures for the trademark holders. It protects the brands in multiple countries by the filing of a single application in a single office with one set of fees and one currency. The Madrid protocol ensures the legal protection of brand against competitors in export markets. In general, it provides the most effective support to the branding strategies. Hence, an international trademark registration administers inexpensive protection quite easily around the world.
See Our Recommendation: Importance of Trademark Registration in India .