Trademarks

Is A Registered Trademark in India Valid Worldwide?

If you are wondering whether a trademark registered in India is valid in foreign lands or not, there are certain rules and regulations that you have to keep in mind, and it is true that once the registration is done in India, it is not valid even for once in any other foreign country.

Suppose you are worried about the validity of a registered trademark outside India. In that case, you must understand that in India, some valid licenses and trademarks are within part of the Indian territory. Hence, it is impossible to use the foreign trademark anywhere outside the country. A trademark is any type of logo, symbol or trademark that discusses the uniqueness of a company or an individual contribution. It has a better economic worth as it gives a fine channelising to the overall brand image of any company or business. If you are a single proprietorship firm, a large LLP, or even a public partnership firm, then you should know the work of a registered trademark and how it is valid within the Indian territory. 

The Trademark name search tool at Vakilsearch lets you find the previously registered trademarks to avoid copyright infringement.

If you are wondering whether a trademark registered in India is valid worldwide or not, then you can go for an understanding of consumer behaviour and intellectual property rights first. The right register trademark online keeps better visibility of the brand and helps the business to grow manifold. 

There are several benefits of opting for a trademark in India, as there can be the ultimate legal protection given to a company, and there can be complete ownership of the trademark, brand and company with an individual or with the members of the company. Also, when there is a trademark, there is better recognition to understand whether the brand or the company is credible. But all these can happen only within India, as the Indian trademark shall not be legally valid in any other territory. Suppose proper security measures are not taken to protect the trademark in the country. In that case, there can also be any legal breach or trust-related issue that might hamper the company’s or business’s growth. 

Trademarks Registered in India And Knowledge About The Madrid Protocol

If you have opted for a registered trademark for your business in India, you should remember that it is never valid in another domain or territory. A trademark is allotted accordingly; hence, it is not valid elsewhere. Each country has separate document submission processes and verification for registering a trademark. Hence, the rules differ from one country and territory to another. However, there are certain international steps like the Madrid Protocol, which is famous for contributing to forming a new system with reference benefits of trademark registration

According to this, Madrid Protocol, as an important convention, allows for a centralised system of registration grants across all the major member countries. The working of the Madrid Protocol allows for a special international distribution of trademarks. 

Also, another point that is important in this direction is that in 2013, India gave a full agreement to become a member of the international treaty dealing with trademarks. There was the working of the Indian law and the simultaneous working of the Madrid Protocol. There is always the need to protect the trademark and all kinds of registration, even on international platforms:

  • If there is any export market, you should remember that you need to check the market share protection. Suppose the company or the brand has already gone through several official processes and acquired a good reputation across several countries. In that case, you can surely benefit when you go for trademark registration. 
  • When you enter into other markets, you can also find that the brand acquires better visibility when you have the right trademark registration. in another country also if it permits trademark registration of the same brand, this will enable you to talk to exporters and give better incentives to contractors who want to work with you. 
  • You can make an online application for trademark registration in India. After that, the trademark registration office will check your documents and find out which categories of goods and services fall under that category. 
  • Once the verification is completed, the international trademark registration application can be mailed to the Intellectual Property Organization. Check your application properly, find out in which records you find reference to your trademark, company and other associated details, and then find out if it is published in the WIPO Gazette of International Marks. Following this, you must take care of the IP office updates and all kinds of notifications that come from the IP office. If there is any dispute in the submission of papers or any point is missing, they can also ask for clarification. When you are a member country, you can be asked to produce information anytime that is required. If you complete the validity of ten years, then as per the rules of the Madrid Protocol, you can also go to renew your registration. 

Before you go for any type of registration, you need to have the right documents. Just check which category of items you can keep under the trademark, and you can find the authority who will approve the registration. At present, the Madrid Protocol encompasses around 124 countries. Before you go for the registration, you should find out what should be the duration of the registration, what extra papers are required etc. You can take help from an expert practitioner who deals with trademark registration. 

Conclusion

A trademark registered in India is never valid in other countries, as India is different territory, and the trademark registration remains valid only in that territory. In the case of copyrights and other related issues, there is a whole art of utilising the goals of the trademark in securing the value of any business. 

You can also talk to Vakilsearch to find the right details about the formation of the registered trademark and then get the best details about how to run the company. You can also check out the details of the company registration process, and how you can take care to run the company with all possible precautions. You can contact them for further important references if you have any queries. 

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