What is the International Trademark Registration?

 

To give its brand, "MICROMAX," protection in more than 110 countries, India's Micromax has secured the 1.25 millionth international trademark registration online. The Madrid Protocol, which allows a mark to be protected in numerous jurisdictions by applying for international registration, was used to register Micromax's international trademark. In-depth examinations of the Madrid Protocol and the procedure for international trademark registration are provided in this article.

 

Madrid Protocol 

The system of international trademark registration is governed by the Madrid Protocol, which went into effect in 1996, and the Madrid Agreement, which was first signed in 1891. 

 

By submitting an application for international trademark registration through the applicant's trademark office (the "office of origin"), a mark can be registered under the Madrid Protocol in numerous nations.

 

The trademark applicant must submit an application for international trademark registration under the Madrid Protocol through the applicant's trademark office, also referred to as the office of origin. 

 

The office of origin for Indian businesses is in the Office of Registrar of Trademarks, India. 

 

The trademark application will be processed by the office of origin before being submitted to the Intellectual Property Organization in Geneva.

 

In the event that the trademark application is approved, the mark is entered into the International Register and made public in the WIPO Gazette of International Marks. 

 

The International Bureau subsequently issues a certificate of international registration and notifies every Madrid Protocol contracting country for whom the trademark applicant has requested protection. 

 

By alerting the International Bureau within the deadlines outlined in the Madrid Protocol, each country's trademark office has the authority to decline protection of the mark. 

 

For the appointed offices to submit complaints, the Madrid Protocol has established severe deadlines of 12 or 18 months.

 

Any opposition to the trademark's registration must be submitted to the International Bureau using the forms specified. 

 

The protection of the mark in each country is the same as if it had been registered by the office of that country if there are no refusals by any of the countries.

 

An international trademark is valid for ten years after being registered under the Madrid Protocol. 

 

At the conclusion of the ten-year period, international trademark registrations may be renewed either directly through WIPO or the relevant office of origin.

 

 

Requirements to Register a Trademark Internationally

The following three conditions must be met to register an international trademark in India:

 

• The applicant must be an Indian national, residing in India, or have a legitimate and operational business or commercial entity there.
• The applicant must have filed for or been registered under a national (Indian) trademark with the Indian Trade Marks Registry. The foundation for the international application will be this national trademark application or registration. The trademark will be the same in the international application as it is in the national trademark application or registration, and the international application's list of the products and services must match those of the national mark.
• The applicant in the international application must select one or more additional Madrid Protocol members where they wish to register their trademark for protection.

 

To file for international protection, you must, however, be one of the following to qualify:

 

• A resident of a Madrid System contracting state
• A business organisation based in a Contracting State
• A company or other organisation with a legitimate business or industrial location in one of the contracting states

 

 

International Trademark Registrations are protected in the following Countries

The Madrid Protocol is ratified by the following nations. 

 

As a result, the following nations may grant protection to an international trademark:

1. African Intellectual Property Organization (OAPI)
2. Albania
3. Algeria
4. Antigua and Barbuda
5. Armenia
6. Australia
7. Austria
8. Azerbaijan
9. Bahrain
10. Belarus
11. Belgium
12. Bhutan
13. Bosnia and Herzegovina
14. Botswana
15. Bulgaria
16. Cambodia
17. China
18. Colombia
19. Croatia
20. Cuba
21. Cyprus
22. Czech Republic
23. Democratic People’s Republic of Korea
24. Denmark
25. Egypt
26. Estonia
27. European Union
28. Finland
29. France
30. Georgia
31. Germany
32. Ghana
33. Greece
34. Hungary
35. Iceland
36. India
37. Iran
38. Ireland
39. Israel
40. Italy
41. Japan
42. Kazakhstan
43. Kenya
44. Kyrgyzstan
45. Latvia
46. Lesotho
47. Liberia
48. Liechtenstein
49. Lithuania
50. Luxembourg
51. Mexico
52. Monaco
53. Mongolia
54. Montenegro
55. Morocco
56. Mozambique
57. Namibia
58. Netherlands
59. New Zealand
60. Norway
61. Oman
62. Philippines
63. Poland
64. Portugal
65. Republic of Korea
66. Republic of Moldova
67. Romania
68. Russian Federation
69. Rwanda
70. San Marino
71. Sao Tome and Principe
72. Serbia
73. Sierra Leone
74. Singapore
75. Slovakia
76. Slovenia
77. Spain
78. Sudan
79. Swaziland
80. Sweden
81. Switzerland
82. The Syrian Arab Republic
83. Tajikistan
84. The former Yugoslav Republic of Macedonia
85. Tunisia
86. Turkey
87. Turkmenistan
88. Ukraine
89. United Kingdom
90. United States of America
91. Uzbekistan
92. VietNam
93. Zambia
94. Zimbabwe

 

 

IP protection's extent and duration

Your brand will be protected for 10 years by an international trademark registration online. You can file for renewal following this 10-year window; specifics will be addressed in the section below under "Follow up: IP Monitoring and TM Renewal."

 

It fully depends on your filing and where you want to allocate resources for brand protection as to how many countries it will be protected in. Don't worry if you wish to start small and gradually expand protection; you can always ask to add new countries to the trademark through a Territorial Expansion Application. The price for this is 300 CHF plus an additional 100 CHF for each additional nation.

 

 

Conclusion: International Trademark Registration

Now that you are aware of what is an international trademark registration, safeguard your brand, and keep track of your intellectual property, it should be mentioned that the procedure itself can take some time. Furthermore, errors in your application or notification of provisional refusal sent to the WIPO or another national trademark authority might confuse things even further and cause protracted delays.