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The trademark applicant must file a Madrid Protocol international trademark
registration application through the trademark office, also referred to as the place of
origin.
The Office of Registrar of Trademarks in India is the point of origin if there are any
Indian
businesses.
If your trademark application is approved and deemed to be in compliance with all legal
requirements, your mark, logo, or word can be published in the WIPO Gazette of International
Marks and added to the International Registry.
The World Intellectual Property Organization (WIPO), a specialized UN organization with its main
office
in Geneva, Switzerland, is in charge of managing the Madrid Protocol.
Currently, there are 116 Contracting Parties to the Protocol who are members of the Madrid Union,
comprising both States and intergovernmental bodies. They represent over 80% of world trade flows
with
attractive markets.
The International Trademark depends on the national trademark for a period of 5 years from the
date
of registration of your International Mark.
In these 5 years, the invalidation of the national trademark will correspondingly invalidate the
International Registration.
International Trademark registration can be applied by a physical person, legal entity resident, or a real and effective industrial or commercial establishment in a member state of the Madrid Protocol.
Before filing an international application, you need to be already registered, or filed an application, in the Trademark & IP office of the country you are based in. This application is known as the Basic Trademark Application. Next, you need to apply for International Trademark through this same Office, which will certify and forward it to WIPO.
Your application is only subjected to a formal review by WIPO, and upon approval,
your
international mark is included in the International Registry and made public in the WIPO Gazette
of
International Marks. Then, WIPO will send you a certificate of your international registration
and
notify the IP Offices in all the territories where you have applied to have your mark protected.
As
mentioned in your application.
Do note that the scope of protection of international registration is not defined at this stage
in
the process. It is only determined after substantive examination and decision by the
IP/Trademark
Offices in those territories.
The IP Offices of the territories, where you want your mark protected, shall decide,
within the applicable time limit (12 or 18 months) following their legislation. WIPO will
register
the decisions of the Trademark Offices in the International Register and notify you.
If an IP office declines to register your mark, subsequent offices' choices to get your
international trademark registration certificate are unaffected by this action. You can contest
a
refusal decision directly before this Trademark Office concerned under its legislation. If an
Office
accepts to protect your mark, it will state a grant of protection.
This International Trademark is valid for 10 years. You can renew the registration at the end of
10
years directly with WIPO with effect in the designated Contracting Parties concerned.
You can access the global market by registering your trademark with the Madrid System. If your business operations are online, your products may more easily be reached, by global customers.
By registering your brand internationally through the Madrid Convention the brand can be easily managed through a centralized system, and the business expanded into new markets.
File a single application in one language and pay one set of fees to apply for trademark protection in multiple countries. Changes and renewal of trademarks are also convenient.
It offers a practical, affordable method of trademark protection on a global scale, saving money and time. Filing a single application saves time as well. In case no objection is raised, the Trademark can get registered within 18 to 20 months.
After the date of registration, international trademark registration is valid for ten years. However, changes and renewal facilities are also easily available. One can renew the same with a simple application form submitted to WIPO. And it can be renewed countless times for periods of 10 years.
Protect your brand from counterfeits. You can take action against infringing parties or others for impersonating your trademark.
An International Trademark can be used as licensing agreement (allowed for all or part of the territories designated), a sales contract (allowed only for subjects that may require an international trademark), or used simply to secure your brand.
For applying for an International trademark registration separately in each country, our fee starts
at
$49 + Govt. charges. We first apply for a basic trademark using the Madrid Protocol and pay the
country's clearance cost, depending on where your company is located.
International fees are the international application fees to WIPO. This is to be paid in your
country
itself. But in Swiss francs. The amount takes into account how many countries you have selected in
your
application and how many classes of goods and services you have applied for.
Processing times in each country are different, but none takes longer than 18 months, generally. If
the
trademark doesn’t get rejected within this period, it is considered registered in the country
concerned.
Your application will get processed in each of the territories you have chosen. The authorities will
inform you if the trademark has either been deemed valid or refused registration in their countries.
A
letter of refusal will contain information about the changes required in the application or other
reasons for refusal. And a time limit within which to complete the changes. Different countries
would
have different practices regarding what is acceptable in the specification of goods and services.
LegalRaasta team strives to make the process of registering an International Trademark easy, seamless, cheapest, and quickest. We are constantly endeavoring to assist in all business-related issues of our Indian, as well as international clients. Be it incorporation, compliance, audits & accountancy, and/or management consultancy. Get in touch with us for International Trademark registration. Whether through the Madrid Protocol or not. Get registered with us, NOW, to protect your brand.
Our dedicated team of expert legal practitioners is well-qualified and experienced with the knowledge and acumen to take appropriate measures according to the situation.
The combination of professionalism in the team means that each client gets a tailor-made and trusted protection plan. Customized to their advantage.
Due to our healthy relationships with all crucial associates — including global online authorities, government registration sites, and other platforms — our inquiries are taken seriously and sorted in time.
With over 50 nationalities on our list of clients, we can communicate in a language you are comfortable with.
LegalRaasta was founded on the principle that sophisticated legal and taxation services should be simple, modern, and inexpensive. We can serve our clients more efficiently thanks to cutting-edge practise technology.
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