This article highlights the key points every entrepreneur should keep in mind when filing an international trademark registration in India.
One of the best methods to build brand recognition is through trademarks. The legal use of a certain logo or symbol to identify a business or a specific product is made possible by trademark registration.To have the international trademark registration, a trademark application must be submitted to the Ministry of Trademarks. With many advantages, such as unique identity, creation of goodwill, popularisation of your brand, global recognition, etc., obtaining a trademark protects your brand and gives you the ability to prevent someone from using similar patterns and profit from your business.
This article provides you best tips to submit a full proof international trademark registration in India:
Benefits of International Trademark Registration In India
Legal Protection
Legal protection against international trademark infringement is provided through trademark registration. The trademark is protected in the foreign country where it is registered against third parties who use it without authorisation. When a trademark is registered, it is simple to demonstrate its legal ownership in court.
Business Opportunity
A international trademark registration is an intangible asset of a company and has a big impact on the development of the brand. A successful trademark gives the company the opportunity to generate revenue. When a trademark is registered internationally, the owner may also grant a license to a foreign entity.In this way, trademark registration promotes the success of the brand or product.
Unique Identity
International trademark registration ensures a product’s global recognition. Trademark registration supports the fight against infringement by guaranteeing that the owners of trademarks receive an exclusive right to one of their most valuable assets.
Beneficial For Online Operators
An e-commerce company’s growth is significantly influenced by the trademark registration process. When a company engages in online product sales, it opens the door for the product to be accessible to consumers worldwide. Once the product has been well-known on the international market, it is simple for the trademark to become well-liked by a sizable customer base. To prevent buyer confusion over such products, it is preferable to get international trademark registration.
Protects Brand During Export Or Import
The trademark registration safeguards the branded goods from trademark infringement in foreign countries by third parties. The trademark is more likely to be stolen or used fraudulently by other parties to attract clients as it gains recognition in international countries.The international trademark registration grants the right to take legal action against any such infringement committed during import or export and protects the trademark linked to a product or service.
International Trademark Registration Process
The trademark applicant must submit an application for trademark registration under the Madrid Protocol through the applicant’s trademark office, also referred to as the office of origin. The office of origin for Indian companies is the Office of Registrar of Trademarks, India. The trademark application will be processed by the office of origin before being submitted to the Intellectual Property Organization in Geneva.
In the event that the trademark application is approved, the mark is entered into the International Register and made public in the WIPO Gazette of International Marks. The International Bureau subsequently issues a certificate of international registration and notifies every Madrid Protocol contracting countries for whom the trademark applicant has requested protection.By informing the International Bureau within the deadlines outlined in the Madrid Protocol, each national trademark office has the authority to decline protection of the mark. The designated offices must lodge complaints within a specified 12- or 18-month window as per the Madrid Protocol.Any opposition to the trademark’s registration must be submitted to the International Bureau using the forms specified. The protection of the mark in each country is the same as if it had been registered by the office of that country if there are no refusals by any of the countries.An international trademark is valid for ten years after being registered under the Madrid Protocol. At the conclusion of the ten-year period, international trademark registration can be renewed either directly through WIPO or by the relevant office of origin.
Tips For International Registration Of Trademark In India
Follow these tips for global registration of trademark in India:
- As soon as your company or business is registered, you may begin the registration process for a symbol or logo that will serve as a representation of your goods or business.
- Before you formally apply, it is strongly recommended that you conduct a trademark search. You can consult with any trademark legal expert for advice.
- Choose a Protective Trademark: Opt for a difficult-to-copy logo or symbol. After analysing the trademark registry, there are numerous professional legal service providers who can help with the distinctive trademark selection.
- Descriptive: Pick a symbol or logo that properly conveys the nature of your goods or services. A logo that provides information is usually preferred.
- Make sure your trademark is original and does not violate any trademark laws. Verify that it is not already in use and registered by someone else, as well as that it is not a well-known brand or logo.
- Avoid using a trademark that is identical to or very similar to another company’s. In this way, f uture legal problems can be avoided.
- Keep your trademark’s design appealing and distinctive. Hiring a professional logo designer is usually a good idea when you’re looking to finalise a logo for your business.
- Include images demonstrating your use of the trademark in your trademark application. You can submit a banner or an advertisement in which you have already used the logo.
- Send in a soft copy of the trademark as well. Additionally, you have the option to submit multiple trademark applications for your various products.
- Visit the trademark registry’s official website to check the status of your application after you’ve submitted it.
Conclusion
A trademark is a symbol or trade name that represents your company or your products. Typically, it is a symbol, pattern, number, alphabet, or a combination of all of these. The business can benefit significantly from international trademark registration even though it is not necessary. It helps in gaining the trust and respect of customers. Vakilsearch can offer you the best legal support you need if you’re looking to submit a trademark application for your business.
