International Trademark Registration

International Trademark Registration in India – Guideline and Process

Trademarks are one of the finest ways to increase brand recognition. Trademark registration enables the legitimate use of a specific logo or symbol to identify a company or a particular product. The Ministry of Trademarks must receive a trademark application before the trademark can be registered. Having a trademark protects your brand and gives you the power to stop others from using identical designs to profit from your business. A trademark has several benefits, including a distinctive identity, the development of goodwill, the popularization of your brand, global recognition, etc.

The following are the top recommendations for submitting a complete international trademark registration in India:

Benefits of International Trademark Registration in India

Legal Defense

International trademark registration offers legal defense against trademark infringement on a global scale. When a trademark is registered abroad, it provides protection against unauthorized use by third parties. When a trademark is registered, proving legal ownership in court is simple.

Business Possibility

A trademark is an intangible asset of a business and has a significant influence on how the brand develops. A successful trademark gives the business the chance to make money. The owner of a trademark who has obtained international registration may also give a license to a foreign organization. International trademark registration helps a brand or product succeed in this way.

Distinct identity

Global product recognition is ensured by international trademark registration. By ensuring that trademark owners have an exclusive right to one of their most valuable assets, international trademark registration aids in the fight against infringement.

Advantageous for online operators

The foreign trademark registration procedure has a considerable impact on the expansion of an e-commerce business. When a business sells products online, it makes the product available to customers all over the world. Once the product has gained widespread recognition on the global market, it is straightforward for the trademark to win over a sizable consumer base. It is preferable to obtain worldwide trademark registration in order to avoid buyer confusion regarding such products.

During export or import, protects brand

The worldwide trademark registration protects the branded products from third parties infringing upon their trademarks abroad. As the trademark becomes more well-known internationally, it becomes more possible that it will be stolen or will be utilized fraudulently by other parties to draw customers. The international trademark registration safeguards the trademark associated with a good or service and gives the right to take legal action against any such infringement committed during import or export.

Process of International Trademark Registration in India

Through the applicant’s trademark office, also known as the office of origin, the trademark applicant must file an application for international trademark registration under the Madrid Protocol. The Office of Registrar of Trademarks, India, is the office of origin for Indian businesses. The office of origin will handle the trademark application before sending it to the Intellectual Property Organization in Geneva.

If the trademark application is accepted, the mark is published in the WIPO Gazette of International Marks and added to the International Register. Following that, the International Bureau issues a certificate of international registration and notifies each Madrid Protocol signatory nation for whom the trademark applicant has requested protection. Each national trademark office has the power to reject the mark’s protection by notifying the International Bureau within the time frames specified in the Madrid Protocol. According to the Madrid Protocol, the designated offices must file complaints within a given 12- or 18-month window. The International Bureau must receive any opposition to the trademark’s registration using the designated forms. If there are no refusals from any of the nations, the mark will be protected in each as if it had been registered by the office of that country. According to the Madrid Protocol, a global trademark is legitimate for 10 years following registration. International trademark registrations may be renewed at the end of the ten-year period directly through WIPO or through the pertinent office of origin.

Guidelines For International Trademark Registration In India

To register a trademark internationally in India, need these recommendations:

  • Once your business or company has been set up, you may start the registration procedure for a symbol or logo that will represent your products or services.
  • A trademark search should definitely be done before you submit a formal application. Any trademark law expert is available to you for advice.
  • Pick a dependable trademark: Select a challenging to copy logo or symbol. Several seasoned legal service providers can assist with choosing a distinctive trademark after analyzing the trademark registration.
  • Descriptive: Choose a logo or symbol that accurately represents the nature of your products or services. Typically, an informative logo is recommended.
  • Verify that your trademark is genuine and does not contravene any trademark regulations. Make sure it is not a well-known brand or logo and that it is not currently in use and registered by someone else.
  • Avoid using a trademark that is the same as or strikingly similar to one belonging to another company. Future legal issues can be prevented in this way.
  • Keep the appearance of your brand appealing and distinctive. When you want to finalize a logo for your business, it’s typically a good idea to hire a professional logo designer.
  • When submitting a trademark application, be sure to include examples of how you have used the trademark. You may send in a banner or advertisement that already features the logo.
  • Additionally, send a floppy copy of the trademark. The choice to submit several trademark applications for your various items is also available to you.
  • After submitting your application, go to the trademark registry’s official website to monitor its status.

Conclusion

A trademark is a designation that you use to identify your business or your goods. Typically, it consists of an alphabet, number, pattern, symbol, or some combination of these. Despite not being required, trademark registration can be very advantageous to the business. It aids in obtaining the respect and trust of clients. If you want to submit a trademark application for your company, Kompanyservices can provide you with the best legal assistance you require.