A trademark applicant has the option of registering the trademark in foreign countries as well. Since a trademark is a territorial right, getting it registered in India would only provide a legal protection of the brand in the country. To protect your trademark overseas, the applicant must get the trademark registered in every country where the business is expanded.
In India, international trademark registration can be done by individual registrations in separate countries, or through Madrid Protocol.
Rather than registering the trademark in each country individually to avail protection, the process has become quite streamlined due to the Madrid protocol, signed by the majority of the countries. By registering a trademark through the Madrid Protocol, the applicant can get the trademark registered in up to 124 countries without any hassles and protect the brand in India as well as abroad.
Madrid Protocol is administered by the World Intellectual Property Organisation (WIPO), headquartered in Switzerland.
Select packages as per your choice and fill out the forms
(2-3 working days) We Will draft a comprehensive agreement based upon your selection and requirements.
(2-3 working days) We Will provide you with a copy of the agreement for you to revise.
(1-2 working days) Ig you still feel that there is something that can be modified, we will promptly add it.
(2-3 working days) We Will do the final submission of soft/hard copies to you.
To get a trademark registered with the US Patent and Trademark Office (USPTO), the Applicant can submit the application separately to the Office. The US trademarks are governed by the Lanham Act, and there are separate provisions as to registration of International Trademarks.
As opposed to India, in the US, a trademark is given priority based on the ‘first to use’ rule, rather than ‘first to file’. It is written that the precise use of a trademark gets priority over the filing date. Also, the US trademark system takes into account the use. This means that a mark which has the ‘intent to use’, or which has been used within 5 years from registration, would be given the utmost priority.
A trademark applicant always has the choice to register the trademark in a foreign country separately. For that, the owner of the trademark must get help from a trademark attorney who is proficient in international registrations and understands the laws of the foreign country.
It must be made sure that the Applicant already has filed for the trademark in India, or is the owner of the registered trademark, before filing for the trademark in another country. Also, it should be seen that the class specification of the goods and services is same as that in India.
Select packages as per your choice and fill out the forms
(2-3 working days) We Will draft a comprehensive agreement based upon your selection and requirements.
(2-3 working days) We Will provide you with a copy of the agreement for you to revise.
(1-2 working days) Ig you still feel that there is something that can be modified, we will promptly add it.
(2-3 working days) We Will do the final submission of soft/hard copies to you.
While filing an application for international registration through Madrid Protocol, the Office of Origin signifies the country where the trademark application is being filed from.
The Indian registration must have been in effect for the previous 5 days before filing for International Registration through Madrid Protocol.
While filing an application for international registration through Madrid Protocol, the Office of Origin signifies the country where the trademark application is being filed from.
The Indian registration must have been in effect for the previous 5 days before filing for International Registration through Madrid Protocol.
The Applicant may use the subsequent designation system by WIPO to additionally designate more countries for protection of their trademark.
Designated countries are the contracting parties to the Madrid Protocol, where a trademark Applicant wishes to protect the trademark.
-A trademark which might be similar/identical to any previous trademarks or indicates the kind/quality of the product, or is indistinctive, can be refused registration.
Any word, name, device, label, numerals or a combination of colors that can be represented graphically can be registered as a trademark. The trademark to be registered must also be distinctive.
The Trademark Registration process is tedious and requires professional help since the application needs to be exactly in the manner prescribed by the Government. If incorrect, your application will get refused. At FilingRabbit, you will get adequate support and services so as to make this process smooth and easy for you.
As an owner, you can get your trademark registered in a particular or several Trademark class/classes. There is an option to choose from 45 classes consisting of several goods and services, and you can get your mark registered in either one of the classes or multiple classes, depending upon your business. In India, you can register a word mark, a logo, a 3-D mark, or in some cases, a colour, or a sound mark. The trademark application must mention the type of goods or services the trademark will represent under one or more of the classes. Trademark registration is granted for that specific class of goods or service.
Any mark which is identical or similar to an existing registered trademark or any trademark for which an application has been made, cannot be registered. Also, marks that would likely cause deception or confusion or are offensive in any way may not be registered. Geographical names, common names, common trade words and common abbreviation can also not be registered as a trademark.
A trademark can have multiple owners. In such joint ownership, the owners must each file jointly for the trademark.
Yes, you can use your own name as a trademark.
You can apply for the same trademark in different classes, depending upon the nature of the goods/services that you provide.
Yes, it is possible to conduct an international trademark search.
