What is International Trademark Registration?
A trademark is the core of your brand's identity. When you register a trademark in India, you get the exclusive right to use it within India. However, this protection is 'territorial'. To protect your brand globally, you need International Trademark Registration.
This extends your brand's legal protection beyond India's borders, giving you exclusive rights in the specific countries you choose. Businesses use the Madrid System, administered by the World Intellectual Property Organization (WIPO), for this purpose.
Benefits of International Trademark Registration
- Legal Safeguard: Acts as a legal shield, giving you exclusive rights and the power to stop copycats in other countries.
- Builds Business Value: Increases your company's asset value and attracts investors by showing you are a serious global player.
- Builds Customer Trust: The ® symbol signals a legitimate, established brand, building trust with international customers.
- New Opportunities: Opens doors for licensing, franchising, and partnerships in new markets.
- Easier Customs Clearance: Helps prevent your goods from being stopped or seized as counterfeit products during export/import.
The Madrid Protocol
The Madrid System is a centralized solution for registering and managing trademarks worldwide. Instead of filing separate applications in each country, you file one single application, in one language, and pay one set of fees to apply for protection in up to 120+ member countries.
Key Advantages:
- Saves Money: Much cheaper than filing separate applications in each country (up to 60-70% savings).
- Saves Time: Faster process with a single application.
- Simple Management: Centralized management for renewals and portfolio updates.
Who Can Apply?
To apply for international trademark protection from India, you must fulfill at least one of the following:
- You are a citizen of India.
- You have a real and effective industrial or commercial establishment in India.
- You are domiciled in India.
Prerequisites: You must have a "Basic Mark" in India, which means either a registered trademark or a pending trademark application with the Indian Trademark Office.
Documents Required
- Indian Trademark Details: Copy of Application or Registration Certificate (for application number and details).
- Identity & Address Proof: PAN card, Aadhaar card, or Incorporation Certificate.
- Power of Attorney (Form TM-48): If using an attorney/agent.
- Digital Image of Trademark: High-resolution image of the logo/mark.
- Application Form: Form MM2(E).
Registration Process
- Trademark Search: Check WIPO’s Global Brand Database for similar marks in target countries.
- File Application (Form MM2(E)): Submit the form via the Indian Trademark Office, listing designated countries.
- Verification by Indian Office: The office verifies details against your basic Indian mark and forwards it to WIPO.
- WIPO Examination: WIPO checks formalities, records the mark in the International Register, and publishes it.
- Country-Specific Examination: Each designated country's office examines the mark under its national laws (usually within 12-18 months).
- Grant of Protection: If no refusal is issued, the trademark is granted protection in that country.
Fees & Costs
Fees are paid in two parts:
- Handling Fee (to Indian Office): ~₹5,000 for processing and forwarding.
- WIPO Fees (in Swiss Francs - CHF):
- Basic Fee: 653 CHF (B&W) or 903 CHF (Color).
- Country Designation Fee: Standard 100 CHF per country (varies for some like USA, EU).
- Supplementary Fee: 100 CHF per class beyond the first three.
