Trademark Registration

 

International Trademark Registration

India’s mobile phone manufacturer, Micromax recently received the 1.25 millionth international trademark registration for its trademark – ‘MICROMAX’, giving it protection in over 110 countries. The international trademark registration for Micromax was filed under the Madrid Protocol, under which a mark can be protected in many jurisdictions by filing an application for international registration. In this article, we look at the Madrid Protocol in depth and also the process for international trademark registration.

Micromax International Trademark Registration
Micromax International Trademark Registration (Source: PTI)

Madrid Protocol

The Madrid Protocol which came into operation in 1996 and the Madrid Agreement which dates from 1891 govern the system of international trademark registration. Under the Madrid Protocol, a mark can be registered in multiple countries by filing an application for international trademark registration through the trademark office of the applicant (“office of origin”).

International Trademark Registration Process

International Trademark Registration Process
International Trademark Registration Process | Source: WIPO

International trademark registration application under the Madrid Protocol must be filed by the trademark applicant through the trademark office of the applicant, know as the office of origin. In case of Indian Businesses, the Office of Registrar of Trademark, India is the office of origin. The office of origin will process the trademark application and file it with the Intellectual Property Organization at Geneva.

If the trademark application is found fit, then the mark is recorded in the International Register and published in the World Intellectual Property Organization (WIPO) Gazette of International Marks. The International Bureau then provides a certificate of international registration and notifies each of the country contracting to the Madrid Protocol for which protection has been requested by the trademark applicant. Each of the countries trademark office has the right to refuse protection of the mark by notifying to the International Bureau within the time limits specified in the Madrid Protocol. The Madrid Protocol has set strict time limits  of 12 or 18 months for objections to be raised by the designated offices.

Any objection to registration of the trademark must be made to the International Bureau in the prescribed format. If there are no refusals by any of the country, then the protection of the mark in each of the country is the same as if it had been registered by the Office of that country.

Once an international trademark is registered under the Madrid Protocol, the mark is registered for 10 years. International trademark registrations can be renewed at the end of the 10 year period directly through WIPO or through the concerned office of origin.

Requirements for Obtaining International Trademark Registration

There are three main requirements for obtaining an international trademark registration in India:

  • The applicant should be a national of India or domiciled in India or have real and effective business or commercial establishment in India.
  • The applicant must have a national (Indian) trademark application or registration of a trademark with the Indian Trade Marks Registry. This national trademark application/registration will be used as the basis of the international application. The international application will have the same trademark as mentioned in the national trademark application or registration; The list of goods and services mentioned in the international application should also be identical with the national mark.
  • The applicant in the international application must choose one or more other member countries of the Madrid Protocol, where the applicant wants to protect his trademark.

International Trademark

Similar to Intellectual Property rights, all jurisdictions have different regulations on the right to trademark registration. In addition, this right is also influenced by mutual agreements concluded between certain jurisdictions at the regional or international level.

Each jurisdiction of the world has its own trademark registration process and procedures, so the registration process will cause some problems for applicants. Therefore, governments of many jurisdictions have come to an agreement on the common trademark registration process to simplify the process.

By registering an international level trademark, your business brand will be protected across more than 106 jurisdictions, along with other benefits comes with the registered trademark:

  • Build brand recognition among the global market
  • Defend against competitors’ use of a trademark
  • Monetize the business’s intellectual property
  • Prevent confusion and fraud
  • Protect the business brand value and investment

The Madrid system is an international trademark registration system managed by the International Bureau, a common agreement of more than 106 jurisdictions to facilitate the registration of trademarks in many jurisdictions in the world.

List of jurisdictions that have signed the Madrid Agreement:

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

We can help: Cyberwebnic can help your business obtain international trademark registration. Talk to an Cyberwebnic Business Advisor today.

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