International Trademark | An analysis

Trademark

A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights.

A trademark registration grants protection only in that particular territory and not outside. So, if you wish for the global recognition of your mark then you need to apply for registration in other countries also. An applicant has two options, either he can apply for the trademark registration in each of the territories in which he seeks protection or can apply a single application for obtaining registration in multiple territories through the Madrid system of WIPO.

The validity of a trademark is generally 10 years and can be renewed indefinite times by paying the requisite fee.

WIPO's Madrid System

World Intellectual Property Organization (WIPO) has introduced Madrid System to apply for international trademark. The Madrid System is a cost-effective, global and efficient system for trademark registration. One can obtain trademark registration in various countries with a single application.

Who can use the Madrid System?

WIPO's Madrid System has member countries that can use the system for obtaining international trademark. One can use this system provided they have a connection with the Madrid's members i.e., applicant is a domiciled or have a commercial establishment in or be a citizen of the member countries covered by the Madrid System.

Madrid Trademark Application in India

World Intellectual Property Organization (WIPO) has given authorization to The Indian Trademark Office to receive an International trademark application under the Madrid Protocol.

Requirements

To file Madrid Trademark Application in India the applicant must be eligible to file the trademark application. The essential requirement for the applicant to be eligible is to be an Indian national or having a place of business in India. Also, an existing trademark application is required by the Indian Trademark Office, known as the basic application, and it should include expression of one or more countries within which International trademark protection is required.

Three main requirements for securing International Trademark Registration

1. The applicant should be an Indian national or must have a domicile of India or have an functional establishment in India which should be located in commercial area.
2. An existing trademark application is required by the Indian Trademark Office, known as the basic application. The trademark and list of goods and services mentioned in International Trademark Application should be identical with the basic application.
3. Applicant must select one or more countries from member countries of Madrid System wherein international trademark protection is required.