Trademark registrations are country specific and separate applications need to be filed in each country where you desire to register your mark. If you have a plan to market your products or services in any country, it is prudent to ensure that you register your trademarks also in those countries. You face the risk of litigation and even losing the opportunity to operate in a country where you are not registered your mark . A national registration is only valid for that particular country.
Benefits of global trademark registration :
- Registering a trademark in each country where you intend to sell your products accord the company an exclusive right to operate in those countries
- This not only helps you build a foundation to stop counterfeiters but also ensures that the company enjoys exclusive rights over what may be one of its most valuable business assets
- Registering a trademark in all countries also provides the opportunity to license the trademark to others and reap the benefits of the popularity of your products and brand. Brand owners should see this as a huge benefit over the small cost it may incur to register your important trademarks
What is a single Application under Madrid Protocol
India is part of The Madrid system for the international registration of trademarks which provides one single and cost-effective procedure for the registration of a mark in several territories. There are over 100 countries which are covered under the Madrid protocol. It’s important to have a trademark registration in your home country to enable you to register under Madrid protocol. The Madrid system while allowing a single application for several member countries by choosing office of origin as India, the registration will be paid for each country.
Once the applications are filed with India trademark authority, the marks are examined by each designated member country where registration is sought and then proceeds to registration.
An international registration under Madrid protocol is however dependent on the corresponding Indian application.
If you wish to obtain registration in a country which is not a member of the Madrid protocol, separate national trademark application has to be filed directly in the respective country.
Advantages of filing an International Application under Madrid protocol
- Lower costs compared to individual foreign filings
- Managing renewals, change in address, change in ownership is easier and more cost-effective
- Additional countries may be designated at a later stage