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                    Validity of Trademark Registration In India

Trademark Registered in India - If Applicable All Over the World?

Online Legal India LogoBy Online Legal India Published On 17 Jun 2022 Updated On 22 Jun 2022 Category Trademark Registration

A trademark is any identity, symbol, word, or group of words, symbols, and numbers that give a business a distinct identity. In today's world, the economic value of a trademark is huge, as consumers largely depend on a company's brand image when they purchase products or services.

 

Furthermore, a trademark is an important intellectual property right. It makes your brand’s products or services popular by creating visual cues indicating the brand's quality and status. These cues, in turn, serve as unique selling points, allowing businesses to distinguish themselves from competitors.

Are trademarks registered in India valid throughout the world?

As trademarks are granted on a geographic basis, a trademark registered in India is not valid globally.

Basically, you would have to file a separate trademark application in each country where you want your trademark to be protected. International conventions, such as the Madrid Protocol, provide a centralised registration system for grants of trademarks in all member countries.

 

What is the role of the Madrid Protocol?

 

The Madrid system, also known as the Madrid Protocol, is an international methodology created to simplify the simultaneous registration of trademarks in various countries around the world.

 

As trademarks can only be protected within the borders of the country in which they are registered, this protocol was developed to permit member countries reciprocal trademark protection rights. India is the Madrid System's 90th member.

 

What are the benefits of filing under Madrid Protocol?

 

The following are the benefits of filing a Madrid Protocol trademark application:

 

1. Over 100 states and multilateral organisations are members of the Madrid Protocol. As a result, it encompasses the territory of 124 countries. This accounts for more than 80% of global trade flows, making it a highly attractive market for Indian exports.

 

2. The Madrid Method offers a cost-effective, simple, quick, and accessible way to worldwide trademark protection. Applicants should file several trademark applications distinctively in each of the countries where protection is sought if this system does not exist.

 

3. By filing under the Madrid Protocol you will save your time and effort that would otherwise be spent on several registration forms, translations, currency conversions, and other administrative tasks.

 

4. International trademark protection expands international partnerships and empowers opportunities outside of India.

 

5. The Madrid agreement also assists businesses in incorporating into international supply chains.

 

Madrid Protocol Trademark Registration

 

Trademark owners can register their trademarks in numerous countries (members of the Madrid Union) by filing a single application, as per the Madrid agreement. The World Intellectual Property Organization administers Madrid Protocol. On July 8, 2013, India became a member of the Madrid convention.

 

Foreign proprietors with a global trademark must register their trademark in India in order to protect it from violation in the country. If their country is a member of the Madrid agreement, they can file a trademark application in India to gain trademark registration.

 

As India accepts multi-class applications, a foreign trademark owner can apply for registration of a trademark in India for multiple products or services. In India, the registration of the trademark is classified into 42 kinds of products and services.

 

How to apply for trademark registration under Madrid Protocol?

 

The foreign trademark owner should gather the necessary documents for registration before applying for trademark registration in India and must have the trademark registered in his or her home country. Unless their main place of business is in India, foreigners cannot register their trademark in India without first registering it in their home country.

 

The procedures of applying for trademark registration in India under the Madrid Protocol are as follows:

 

Step 1. You need to apply for registering a trademark at WIPO, which will declare the Indian Trademark Office

 

Step 2. After hearing the applicant and recording the international trademark registration particulars, the Registrar may decline the registration in India and notify WIPO within 18 months of receiving WIPO's advise if the Registrar is satisfied that:

 

  • Trademark security in India should not be allowed for such global trademarks
  • Trademark protection in India should be permitted with certain terms and conditions 

Step 3. When the Registrar finds no objection in the international registration particulars to refuse the grant of protection, he will enable the international registration to be publicised in the required period and manner.

 

Step 4. If the Registrar finds no objection to the international trademark registration and the time for notifying objection expires, he will inform WIPO of its approval for extending the protection of the trademark worldwide registration within 18 months of the receipt of advice from WIPO. 

 

Step 5. If the Registrar fails to inform WIPO of its approval and the objection date has expired, it will be assumed that the protection has been extended to the global trademark.

 

Conclusion 

Before filing under the Madrid Protocol, it would be a good idea to do a fast search on the Online Legal India website for trademarks that are similar to yours. To know more, contact one of our professionals. 

 


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