If you are a business owner
or a private service provider, you must have heard about the importance of
registration of trademark not just domestically but internationally. As more
and more businesses and brands expand their presence in international markets,
it has become very important to have a clear idea about the procedures and
intricacies involved in registration of a trademark.
What exactly is a Trademark?
A trademark can be a work,
design, symbol, or phrase or a combination of these that represents the
identity of a certain business, their products and services. It is through a
trademark that a business and its products are recognized and set apart from
others. While registration of a trademark is not exactly required or necessary,
it is essential to give the registrant the right to use the trademark, whatever
it might be, exclusively in their products and services.
After the registration of a
trademark, the registrant has the sole right to use the trademark within its
chosen jurisdiction. However, contrary to popular belief, there is no one
registration that will provide complete international protection. You need to
follow a number of steps to protect your trademark internationally.
The Madrid Protocol
This protocol is known for
providing an international registration of trademarks. Managed by the International
Bureau of WIPO located in Geneva, the Madrid Protocol facilitates in the filing
of applications for trademark registration in several countries at the same
time. Each request for the protection of Madrid member is carefully examined
and it is made sure that it is in compliance with the trademark laws and
legislation of the country from which the request originates.
In order to understand the
process better, get in contact with an IP lawyer who has a working knowledge of
the trademark services registration laws of that particular country. They will be able to help you fulfill all the
registration requirements and guide you through the process.
Applying Through the Madrid Protocol
In usual cases, the
trademark application to be filed through the Madrid protocol is first required
to be filed via the office of origin. The office of origin is where the original
trademark was filed. An international registration through the Madrid Protocol
is protected for a total period of 10 years starting from the date of
registration. A registration can be renewed every three years on payment of the
required fees.
Important Requirements to Get an International Application
As you might have guessed,
your application needs to fulfill some requirements to get accepted and be
considered. Firstly, the application must meet the entitlement requirements
within the country of origin and must have an application domestically to base
the international application on. The trade mark on the international
application must be in compliance with that on the domestic one. This is a
nonnegotiable factor that determines whether the application will be considered
and accepted.
Before filing for
international protection by trademark services, gather as much information as you can about their working. This will
ensure that you get it right the first time.
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