Numerous international business opportunities may present themselves to you, but you cannot fully leverage them without being armed with the benefits of trademark protection. Let’s examine whether a trademark registered in India is protected outside its territorial confines of India.
A trademark is any logo, symbol, word, or combination of words, symbols, and numbers that provide a unique identity to a business. In the modern world, the economic worth of the trademark is immense, as consumers significantly rely on a company’s brand image while making purchases. Know more about How is a Trademark Registered in India Valid Worldwide?
Moreover, a Trademark Registered in India is an essential intellectual property right. It helps popularize the products or services of a brand by building visual cues signifying the quality and status of the brand. These cues in turn serve as unique selling points which helps businesses differentiate themselves from competitors.
Benefits of Trademark Registered in India
- Legal protection against copycats and counterfeit products
- Exclusive ownership over your brand’s visual cues
- Recognition and credibility in the market
- Conversion of goodwill and trust into a valuable intangible asset
- Low-cost protection against trademark infringement for 10 years
- Strong basis for trademark registration in foreign countries
If you haven’t registered your trademark yet, do so at the earliest with the help of our intellectual property experts.
Are Trademarks Registered in India Valid Worldwide?
Trademarks are granted on a territorial basis, and hence a trademark registered in India is not valid worldwide.
Normally you would be required to undergo separate filing in each country where you intend to have your trademark protected. However, international conventions such as the Madrid Protocol serve as a centralized registration system for trademark grants in all member countries.
Territoriality Principle
Trademark Registered in India rights are primarily territorial, meaning they are limited to the jurisdiction where the mark is registered. In the case of India, a trademark registered with the Trademark Registered in India is valid within the territorial boundaries of India. It provides protection against infringement and allows the trademark owner to enforce their rights against unauthorized users operating within the country.
How Does the Madrid Protocol Works?
The Madrid system, often known as the Madrid Protocol, is an international mechanism formulated for streamlining the simultaneous registration of trademarks in different countries throughout the world.
Since trademarks can only be granted protection within the country’s national borders in which it is registered; this protocol was envisioned to grant reciprocal trademark protection rights in member countries. India is the 90th member of the Madrid System.
Advantages of Filing Under the Madrid Protocol
The following are the advantages of Trademark Registered in India under the Madrid Protocol:
- The Madrid Protocol has over 100 members, including states and intergovernmental organizations. Thus, it covers the territories of 124 countries. This represents more than 80% of world trade flows, which constitutes a very attractive market for Indian exports
- The Madrid Protocol provides a cost-effective, easy, fast and accessible route to trademark protection in the International domain. In the absence of this system, applicant’s would have to file multiple trademark applications separately in each of the countries where protection is sought
- The Madrid Protocol saves time and effort that would otherwise be spent in filing multiple registration forms, translations, currency exchanges, etc.
- International trademark protection increases international partnerships, franchising opportunities outside of India
- The Madrid Protocol also helps businesses integrate with the global supply chains
Benefits of International Registration
Expanding businesses face the challenge of protecting their brand identities across borders. However international trademark registration offers a solution to this challenge, providing several benefits that contribute to the efficient and effective management of trademark portfolios worldwide. Let’s delve deeper into the advantages of international registration:
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Streamlined Process
One of the primary benefits of international trademark registration is the streamlined process it offers. The Madrid System, administered by the World Intellectual Property Organization (WIPO), simplifies the registration process by allowing applicants to file a single application for trademark protection in multiple member countries. This centralized application process reduces administrative burden and paperwork, making it easier for businesses to manage their trademark portfolios across different jurisdictions.
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Cost Efficiency
International registration can result in significant cost savings for businesses seeking trademark protection in multiple countries. Instead of filing separate applications and paying fees in each country, applicants can submit a single international application through the Madrid System. This consolidated approach often proves more cost-effective, as it eliminates the need for multiple legal representatives and reduces associated administrative expenses.
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Uniform Protection
Achieving uniform protection of trademarks across various jurisdictions is crucial for brand owners seeking to establish and maintain consistent brand identities. International registration ensures that trademarks are protected uniformly in all member countries of the Madrid System. This harmonized protection provides clarity and consistency for brand owners, minimizing the risk of confusion or infringement in different markets.
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Centralized Management
International registration under the Madrid System allows trademark owners to centrally manage their trademark portfolios. Through a single application and registration process, businesses can update information, renew registrations, and monitor trademark rights across multiple countries from a centralized platform. This centralized management facilitates efficient administration and enhances the overall control and oversight of trademark assets on a global scale.
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Enhanced Legal Certainty
By securing trademark protection in multiple jurisdictions, businesses benefit from enhanced legal certainty regarding the ownership and exclusivity of their brand assets. International registration under the Madrid System provides a solid legal framework for enforcing trademark rights and pursuing legal remedies against infringement or unauthorized use. This legal certainty strengthens the position of brand owners in the global marketplace and helps safeguard their intellectual property rights effectively.
India and the Madrid Protocol
In 2013, India assented to becoming a member of this international treaty for trademarks.
When India joined the Madrid Protocol, significant adjustments to the Indian Trademarks Law was required to comply with the Madrid Protocol. The Trademarks (Amendment) Act, 2010, led to the inclusion of Chapter IVA (Sections 36A to 36G) to the Trademarks Act, 1999. This chapter is titled ‘Special Provisions relating to Protection of Trademarks through international registration under the Madrid Protocol’.
The Trademark Search tool at Vakilsearch lets you find the previously registered trademarks to avoid copyright infringement.
Why Should Your Trademark Be Protected Internationally?
There are several advantages of filing a trademark under the Madrid Protocol, namely
- Export market share protection: If you export goods/services to another country where your brand has acquired significant value and captured a significant market share, protecting your goodwill and reputation in that foreign country through trademarking becomes necessary
- Entry into prospective markets: Even if your brand does not have a presence in another country but aims to set up a liaison office, or deal with exporters, licensees, contractors, etc. in other countries, it is advisable to secure international trademark rights at the earliest.
Process for Trademark Registration Under Madrid Protocol
- An application has to be made to the Trademark Registered in India website, accessible at www.ipindia.gov.in
- The Trademark Registered in India will then check whether the applicant is the holder of the basic mark. Then they will identify which goods and services are covered by that basic mark
- After verification, this application is then transferred to the World Intellectual Property Organization (WIPO), headquartered in Geneva
- WIPO conducts a formal examination of your international application and if all requirements are met; your trademark is recorded in the International Register and published in the WIPO Gazette of International Marks
- WIPO then notifies the IP offices in all the territories where you wish to have your mark protected
- If no objection is filed against your application within 12 or 18 months of the notification of international registration, protection is granted in that member country
- If an IP Office refuses to protect your mark, either totally or partially, this decision will not affect the decisions of other IP offices
- The international registration of your mark is valid in each country where the trademark is granted for 10 years
- You can renew the registration through the Madrid System at the end of the 10-year period.
Before filing through the Madrid Protocol route, it is advisable to run a quick search for similarities with existing trademarks on Vakilsearch’s website. Get in touch with our experts to know more.
FAQs on Trademark Registered in India
Can foreign applicants also apply for Trademark Registered in India?
Yes, there is no bar on foreign applicants applying for registration of trademarks in India. Other than the Madrid Protocol route, a foreign company can also apply through the regular process of trademark registration in India.
