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A trademark is like the intellectual asset of the person that consists of various sizes, designs, or expressions that create a differentiation from the other products available. They are like the company’s identity that differentiates between the trademarked goods and the different available services.
Trademark registration is necessary to reduce the unauthorized use of the goods by other people. However, the facility of trademark registration is not available in all the territories. For example, if the person performs the registration process in India, he will only get protection within India.
In case the person wishes to have protection all over the world, then he needs to go for the international trademark registration. Once the person receives the international registration, he can ensure that no other party can apply for the same trademark globally.
Ways To Obtain The International Trademark Registration
As we have already disused to protect the goods and services from the third party, its registration is a must. The question that arises in the person’s mind is what are the various ways to get registered? The procedure of the registration is quite simple.
There are mainly two ways in which a person can complete the process. A person should have the detail of both the ways to select the option in which he is comfortable.
- International Application in Each Foreign Country
The first way to complete the registration is to directly fill the form with the foreign country’s trademark office. In this situation, the person needs to keep in mind the rules and regulations of the country.
If a person selects this method, he will have to go for the separate registration for each of the foreign countries as per the country’s rules. The completion of this process involves some basic steps. Let us discuss in detail the various steps that will help the person to complete the work on time:
The first step of the registration is to apply to the relevant national trademark office. Then, to complete the registration process, the people have to fill out the MM2 form. After completing the form, the national office will do the examination.
Finally, if the form is error-free, it will be transferred to the World Intellectual Property Organization (WIPO) for its review. Mainly it takes two months the complete the process.
- Examination Of Application By The WIPO
Once the national offices accept the form, it will be reviewed by the national office. The review is mainly to make sure that the application is error-free and that the person applying for the post is genuine.
After this, the application will be published in the World Intellectual Property Organization gazette. It will also be delivered to every country’s national office that has to request the application.
- Examination Of The Trademark By The National Office Of Each Requested Country
The working of the international trademark registration is somewhat similar to the national register of the trademark. At this step, the authorities will go through all the flaws available in the form, and if an IP conflict is there, it will also be checked.
These offices have one year to send the refusal if any issue is there with the pre-registered trademark. The extension of the period can be to 18 months in case of emergency.
- International Application Under Madrid System
It is the second method of registration in the case of the international trademark. It permits the person to get the registration in more than one country at a point in time. The management of this system is mainly done by the two different international treaties like, the Madrid Agreement and the Madrid protocol.
The World Property Organization Intelligence Bureau is considered the in charge of both the agreement and the protocol. Now we will discuss the registration process of the trademark under the Madrid protocol.
Before a person applies for international trademark registration, he should search for the trademark. The places which a person can explore include the WIPO global brand database to analyze the existence of a similar trademark.
Here he needs to ensure that a matching trademark does not exist in the complete Madrid protocol; if there is any application, it will be rejected permanently.
- File The Registration Application
After completing the trademark search, the person can fill out the MM2 form to complete the further steps. The person should then submit it to the office situated in India as the origin of the business is in India.
Then, the person who is the registrar of the trademark will process the verification of the application. After the confirmation, the World intellectual property organization received the form located in Geneva.
- Examination Of For By The WIPO
At this step, the examination of the form will be done by the world intellectual property organization. When the WIPO considers that the application is appropriate, then the recording of the application will be done in the register and published in the WIPO Gazette of the international organization.
- Notification Of The Trademark Registration By WIPO
The WIPO will, at this step, issue the notification regarding the trademark registration to each member country. They will also go through the form properly as the rules and regulations related to the international trademark registration. Then, the countries have to submit their acceptance or the refusal to the WIPO within 12 to 18 months.
- Opposition To The Trademark Registration
If any countries have opposition to the trademark registration, it should also be submitted to the WIPO. The complete proceeding of the opposition will take place between the trademark applicant and the concerned member country of the Madrid protocol. Therefore, the WIPO is the organization that will be involved in the complete opposition procedure.
- Grant Of The International Trademark Registration
Then, the trademark will be registered to the chosen country for ten years after the member country accepts the application that the people have filled. After the acceptance, the authority will state a grant to the applicant. It acts as the certification of the completion of the trademark registration.
