A trademark is a “brand name” that your company uses to distinguish itself from its rest. The only way to do so is to opt for trademark registration online or through a conventional process. For a service company, a service mark works in the same way as a trademark. Nevertheless, you can choose to register a trademark or service mark on the international trademark registration service if you are doing business internationally.
Registering in all countries is almost impossible, mainly if you are doing business online. It isn’t easy to know which countries people come to shop on your website in advance. There are, however, ways for the legal registration of the mark in individual countries without any mechanism of registration.
No need for International Registration
There is no provision for international registration. Perhaps not worth the time and money to register abroad if all the customers are from the same country. But when you sell online you have universal access to your trademarked products or services, at least visible. Such companies may opt for international registration. You will also use the international trademark registration process when doing business in other countries outside of the United States.
You must already have registered or applied for a mark in your “home” IP office if you want to file a different application.
Apply in Home Country
An electronic application for trademarks shall be made by a Trademark Registry (Trademark Registry) first in the home country to apply for trademarks under the Madrid protocol. Online registration of marks under the Indian Trademarks Act of 1999 by filing the TM form and following the trademark registration process. The filing involves government charges as applicable and the same must be first made by the business entity and/or owner of an Indian company.
How can a brand or trademark be registered in India? The Protocol can then be submitted to file under the many Member States. The registration requests under several countries can be made via a single application, but the fees may vary depending on the number of countries and the selected country.
Examination of Filed Application
The international application for registration of brands and logos is submitted with Trademarks Registry in India, recognized as the “office of origin.”
The “Office of origin” must evaluate the application and, if deemed necessary, send the application to the WIPO for further examination and submission to the specified country for which the application for registration is made.
Unless the regulatory framework considers any inconsistency or fault in the request submitted, the same shall be communicated to the applicant in a formal investigation. During the time specified, the applicant shall make changes as per the suggestion, which failure may lead to the abandonment of the application.
The proposal must be registered in the International Register and published in the WIPO Gazette, where it must stand per the regulations. The WIPO must grant an international registration certificate and concurrently forward the applications to the approved countries listed in the submission.
Examination by the designated countries
The authorized countries shall perform an exhaustive search and review upon receipt of the application. Where expanded protection is required, the application is reviewed significantly by each country. With approval and rejection of the application communications, the thorough search is completed within the prescribed period.
WIPO shall notify the applicant of the outcome of the application. A statement of grant of registration shall be received with a period of validity of 10 years after the application date for the accepted application.
Refusals and Damages
More steps to address the complaint through a hearing and appeal will be taken without the WIPO’s approval. This is done by the trademark office in a foreign country when the home office rejects the application. A written notice shall inform the WIPO of the Office of the denial or approval of the proposal. WIPO shall be informed of the reason of rejection or declaration of the grant, which shall be registered in the international register and subsequently reported to the applicant. Likewise, WIPO Magazine will post it.
Instead, registration will only be issued with consideration for the number of countries to be businesses and are parties to the Madrid Protocol if an application is filed under the Madrid Protocol. The applicant will cover more than 90 countries with a single application under this Protocol. The set fee is paid in one currency at one go at once as the filing of the application takes place in the same language, regardless of the target country.
The worrying aspect of the request is the cost of filing and processing after the application is submitted. Where the local attorney does not allow a claim to be made, but if there is an appeal or hearing in the application lodged with another country, a lawyer of that country will be named. Furthermore, the application for registration of trademarks or company logo filed shall not only be correlated with the Indian Registry database, but also with the applications filed with other countries. Therefore, after extensive searching with possible resources, the brand and company logo should be carefully chosen by the Indian solicitor.