Rights of International Trademark
The rights of international trademarks refer to a collection of trademark rights that exist in several jurisdictions, each of whose existence and enforcement is separate from the others and, their existence is independent of one another.
It is important to apply for trademark registration to protect the business from infringement. A trademark registration would provide the rights of an international trademark to trademark owners and ensure international recognition for their products and services.
In this article, you will understand the meaning of trademark and International registration. Along with that you will get also learn about the procedure and advantages of trademark registration.
Meaning of Trademark
Trademarks (TM) are distinctive characteristic indicators that are used to distinguish a particular company’s products or services from those of others. They may take the form of patterns, images, symbols, etc.
To pursue legal action for infringement of a trademark, a trademark must be filed. Registering your trademark is essential because it prevents others from stealing it and exploiting it to associate other businesses with your trademark falsely.
Overview of International Registration
Since trademarks are protected by law, violators who want to use another person’s trademark without that person’s permission risk legal repercussions.
International Registration (IR) allows trademark owners to register their rights in numerous jurisdictions. This is accomplished by submitting a uniform, solitary application that is supervised and administered by the WIPO International Bureau. A trademark owner is qualified for this designation following the Madrid System’s regulations.
Under the Madrid System, the rights of the international trademark can be registered by the applicant through the applicant’s trademark office.
Meaning of the Madrid System
The Madrid System is a centralized system to obtain the rights of an international trademark in numerous jurisdictions. It is a system for trademark registration. It offers a way to simultaneously apply for the rights of the international trademark in many different jurisdictions. The System is based on two different independent accords, the Madrid Agreement as well as the Madrid Protocol.
As per the Madrid Agreement, citizens of any state are entitled to trademark protection registered in their native countries, or in any state that has signed the agreement. The Agreement was established to create a framework that would allow for affordable international trademark registration and to eliminate the necessity to apply, pursue, or keep multiple registrations in other nations.
Following the Madrid Protocol, a trademark may be registered in several nations by applying to obtain the rights of an international trademark through the applicant’s trademark registry.
The International Bureau of the WIPO oversees the Agreement as well as the Protocol.
Prerequisites for acquiring rights of international trademark registration
In India, the following conditions must be met to obtain the rights of international trademark registration
- The individual applying for obtaining the rights of an international trademark must be born in India or a legal resident of India. If the applicant has a legitimate business or a commercial entity in India, the applicant would be eligible to file a trademark for a business and apply for the same in the Registrar of Trademark office in India.
- To apply, the applicant must either already have a mark filed with the Indian Trademarks Registry or have submitted a National Trademark application. National trademark registration serves as the foundation for international registrations.
- The international registration should include the same list of products and services as that of the national trademark registration.
- If an applicant is filing under the Madrid System, then the applicant will have to specify more than one country from the list. Doing this will guarantee the protection of the trademark of the applicant for the coming ten years in each of the selected nations.
Advantages of acquiring the rights of international trademark
- Legal security– A trademark must be registered to pursue legal action for trademark infringement. Registering your trademark is essential because it prevents others from duplicating it and employing it to falsely portray other things as bearing your mark. It is much simpler to establish legal ownership before a judge with a registered trademark.
- Monopoly rights- The rights of an international trademark benefit the proprietor by giving him the sole owner of the trademark. The proprietor may apply the same to all items in the applied category of the mark. Additionally, the owner can benefit from exclusive ownership of the mark and stop others from employing it illegally in the same category. It grants the ability to file a lawsuit for trademark infringement against the unlawful use of a registered brand.
- Asset Production- With a registered trademark, a company’s intangible asset is produced. The rights of an international trademark establish a legal right that may be traded, transferred, franchised, or entered into for commercial purposes. The trademark is also a valuable asset for the business.
- Unique identification -The rights of an international trademark can help the trademark proprietors get recognition for their business on a global scale, In addition, it aids in the fight against infringement.
- More protection- A trademark that has been filed in one nation is given more international and national protection. This is because marks that have been filed are regarded as being authentic and legitimate.
Procedure to acquire International Trademark Registration under Madrid System
To obtain the rights of international trademark, the following procedure can be followed under the Madrid systems:
- It’s crucial to conduct a trademark search to see whether any similar or identical trademarks already exist before applying for international trademark registration. Before filing a trademark registration application, the applicant must verify that there are no matching trademarks already registered in any of the nations included by the Madrid Protocol; otherwise, the application will be denied.
- Following trademark research, an application for trademark registration by the Madrid Protocol may be sent to the Registrar of Trademark office in India with the necessary supporting documents. The Registrar will review the application and validate it and then file it in WIPO.
- Upon receiving the application, WIPO would review it, and if it was considered acceptable, the trademark would be listed in the international registry and authorized in the WIPO Gazette of International Marks.
- The International Bureau subsequently issues a certification of the international registration and also informs all of the Madrid Protocol nations from whom the applicant has asked for trademark security about the applicant’s trademark.
- The nations have the authority to decline trademark protection of the applicants within the given deadline, which is 12 to 18 months as outlined in the Madrid System by informing the International Bureau. If any member nations object to the trademark registration application, they must notify the WIPO in a certain manner.
- If the nations do not object to the trademark registration of the applicant, then the trademark protection in the nations would be the same as if it were filed by the office of that nation.
- As per the Madrid Protocol, the rights of an international trademark are enjoyed by the applicant for 10 years in the nations where their trademark registration was approved.
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The article that follows provides a general overview of trademarks and details the application process.
For more queries about the rights of international trademarks, you can consult Odint Consultancy. We will be delighted to help you solve your queries.
The Madrid System is a system that allows applicants to register for trademarks and get trademark protection in many different jurisdictions.
The world’s platform for intellectual property (IP) operations, regulation, knowledge, and cooperation are called WIPO.
Making use of trademarks enables consumers to recognize your products.
Because trademarks are legally protected, violators who attempt to use another person’s trademark without that person’s consent run the risk of facing consequences.
Sandeepan has great experience in business consulting and management, Sandeepan provides insightful resources in Company Formation, Business Expansion, and related areas.