In this global and competitive world the identification of trademark and its registration are one of the most important milestones for an entrepreneur. If a trademark has a potential to be recognised globally, it has to be protected globally as trademark protected in India does not afford protection in another country. Therefore, if you are doing business in other countries outside India, it means you should probably use the international trademark registration process.
The international trademark registration system is called the Madrid system or Madrid Protocol. It is administered by the World Intellectual Property Organization (WIPO) located in Geneva, Switzerland. The government of India has made the procedure simpler by being a part of the Madrid Agreement and Protocol. India accessed to Madrid Protocol for the International Registration of Marks at World Intellectual Property Organization (WIPO). Currently, 121 countries are member to the Madrid System. To see the list of member countries, please refer to https://www.wipo.int/export/sites/www/treaties/en/documents/pdf/madrid_marks.pdf
The Madrid system allows you to have a trademark protected in several countries by filing an application directly with your own member country. The international mark registered with the India is equivalent to an application or a registration of the same mark in countries you designate. Madrid System offers trademark owners a cost effective, user friendly and streamlined means of protecting and managing their trademark portfolio internationally.
The owner of the mark can maintain and protect its trademark internationally in simple and cost effective way.
- One window system: The Applicant has to file only one application and in one language to protect its mark globally.
- Cost effective: The applicant has to pay one set of fee to one office instead of filing separately in various countries.
- Simple Maintenance: Subsequent to the international registration of the mark any changes with respect to change of name, address, ownership and goods and services can be recorded by means of single procedure and single payment.
Who may use the Madrid System?
- Any Natural person who is a domicile or is national of India.
- Any legal entity which has a real and effective industrial or commercial establishment in India.
- The mark has to be either registered or the application of registration has to be applied in the Trade Marks Registry, India before applying for international registration.
- The international registration must designate one or more countries other than its origin country in which the mark has to be protected.
If you have business overseas, the International registration of the trademark will definitely help the business to grow globally. It would further help in protection of trademark in various jurisdictions.
Read More- Intellectual Property Rights In India