Yes, it can be. Know how experts can protect your trademark in more than one country right now!
It is common for a foreign trademark to be enrolled in different countries by various owners. The business owner should be aware of this fact and should consider obtaining more security for their marks in all jurisdictions or countries of interest to conserve their rights on the trademark and stop others from using them.
Use Vakilsearch trademark name search engine to look up previously registered trademarks to avoid copyright infringement.
The company should focus on registering their mark in any nations where they are providing their services and business, as well as in those places where they are planning to use the mark for business or services in the future. Some trademark proprietors also register their marks in countries that are known to have difficulties with asset counterfeiting. In order to register your foreign trademark, you should know about international trademark rights.
International Trademark Rights
If you are planning to grow your business internationally, it is mandatory to know all the international trademark rights. Like other intellectual property rights, trademark rights vary in each province in which they are used or registered. As per the international trademark rights
- Each country is allowed to identify and protect its trademark rights in a way that achieves its agreement purposes
- The term international trademark rights refer to a set of trademark rights accepted through several jurisdictions
- The existence and enforceability of these rights will be different compared to other countries and, normally, they are not dependent
- Notwithstanding variations in identifying and implementing trademark rights, many jurisdictions have decided upon formal methods or strategies for filing foreign trademark petitions.
Can a Trademark Be Protected in More Than One Country?
Yes, one can register trademark in more than one country under the Madrid Protocol. Many multinational company agreements make it possible to document a petition to enroll a mark in more than one country.
- Enrollment with the Benelux Office for Intellectual assets gives trademark safety in the Benelux territory in Belgium, Luxembourg, and the Netherlands
- A European Union Trade Mark (EUTM) enrollment conserves a trademark your business in all the member states of the European Union (EU)
- The Madrid Protocol makes it easy to document an form for an international registration, which will give trademark safety in any of the countries the form will designate the member to either or both of those agreements
- Documenting with the African Regional Intellectual Property Organisation (ARIPO) conserves a foreign trademark in all the member states of that institution.
How an Applicant Can Secure a Trademark Registration Covering More Than One Country
- An application for international trademark registration under the Madrid Protocol must be submitted by the trademark applicant through the applicant’s trademark office known as the place of origin
- For Indian companies, the trademark registration authority of India is the place of origin
- The place of origin processes trademark applications and submits them to the Intellectual Property Organization (IPO) in Geneva
- If a trademark application is deemed appropriate, the foreign trademark will be registered in the international register and published in the World Intellectual Property Organization (WIPO) under the international trademark bulletin
- The international bureau then issues a certificate of international registration to notify each contracting party of the Madrid Protocol that the trademark applicant seeks protection
- The national trademark office reserves the right to refuse the protection of a trademark by notifying the international bureau within the time limit specified in the Madrid Protocol
- The Madrid Protocol sets a strict 12-month or 18-month deadline for the designated office to raise an objection
- Any objection to the registration of the mark must be submitted to the international bureau in the prescribed format
- In the absence of refusal by any country, the protection of each country’s mark is the same as if it were registered by the office of that country
- When the international symbol of access is registered under the Madrid Protocol, it will remain registered for 10 years
- Foreign trademark registrations can be renewed directly to WIPO or the relevant office of origin at the end of the 10 years.
What Is an International Registration?
An international registration is the identification of a registration conserved under the Madrid system. As per the Brexit transition interval, as with the modification of the UK part of a EUTM into a separate and individual UK registration, the UK Intellectual Property Office (UKIPO) will automatically and free of cost renovate the UK part of an IR establishing the EU into a diverse and independent.
UK trademark enrollment with the same entering date as the EUTM established under an IR. For EUTM petitions that are still pending as of January 1, 2021. The trademark petition will have nine months from 31 December 2020, to file a new and dissimilar UK trademark petition that will take the same entry date as the EUTM.
How Vakilsearch Can Help in Trademark Registration
Now you are clear that foreign trademark registration is of paramount importance when it comes to conducting international business. If you are not able to do it on your own, reach out to our experts in Vakilsearch. We will help you to protect your brand identity and get an error-free registration. Our experts at Vakilsearch will conduct a thorough search on the trademark directory and help you register your trademark in just three steps. Reach out to us to know more.
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