International Trademark Registration
With GTS’s expert team, securing your brand’s credibility across global markets is simple. Protect your trademark internationally and build customer trust with ease.
- International Trademark Registration
Here’s why GTS is your ideal partner for international trademark registration:
● Comprehensive Trademark Search: We conduct thorough searches of the trademark database to ensure your mark is unique and available for registration.
● Authorization and Filing Support: We help you draft the necessary authorization letters and handle the entire registration process on your behalf.
● Expert Guidance on Trademark Classes: Our experts assist you in selecting the right trademark classes for your business, ensuring proper protection in the international markets.
● Regular Updates: You’ll receive consistent updates throughout the process, keeping you informed every step of the way.
● Ongoing Support: Our team is dedicated to addressing all your queries and providing the best support to ensure a smooth and successful registration process.
With GTS, you can rest assured that your international trademark registration is in expert hands, and you’ll receive the highest level of service and support.
- Madrid Protocol - Overview
The Madrid Protocol is an international treaty administered by the World Intellectual Property Organization (WIPO). It simplifies the process of obtaining and managing trademark protection across multiple countries by allowing businesses to file a single application for global trademark protection. This system is essential for companies seeking to protect their brand in more than one country, reducing both costs and administrative complexity.
Advantages of the Madrid Protocol for Businesses:
● Streamlined Filing: One central filing for multiple countries.
● Financial Savings: Significantly reduces the cost compared to filing separate national applications.
● Simplified Management: Handle renewals, changes of ownership, and other administrative tasks from a single platform.
● Global Reach: Access to trademark protection in a large number of countries, enabling global brand expansion.
- Documents Required for International Trademark Registration under the Madrid Protocol
To file for international trademark registration under the Madrid Protocol, the applicant must provide the following key documents and details:
● Proof of Business or Registered User: A document that proves the applicant is a legitimate business or has registered rights to the trademark in India. This may include incorporation certificates or business registration documents.
● Applicant’s PAN Card and Aadhar Card: A PAN card (Permanent Account Number) and Aadhar card (for Indian citizens) are required for identity verification and to comply with regulatory requirements.
● Logo Details: Clear representations of the trademark (logo, wordmark, or design) as you wish to register it internationally. This should be in a digital format (usually .jpg or .png).
● MSME Registration (if applicable): If the applicant’s business is registered as a Micro, Small, and Medium Enterprise (MSME) in India, it can be helpful to include the MSME certificate. This may qualify the applicant for certain benefits or reduced trademark registration fees under the MSME scheme.
● Trademark Application Number or Registration Certificate: If the trademark is already registered in India, the trademark registration number and certificate will be required.If the trademark is pending in India, provide the trademark application number along with the status of the application.
- Process of International Trademark Registration with GTS
● Filing Through an Attorney: Applicants must authorize an attorney (via Form TM-48) to file the international application. Stamp duty must be paid as per state regulations.
● Document Submission: Depending on the target country, additional forms (e.g., Form MM-18(E) for the EU) and language specifications (for the U.S.) may be required. The application must be completed in Form MM-2(E).
● Verification: The Indian Registrar verifies compliance with the Madrid Protocol before sending the application to WIPO, which then forwards it to the relevant foreign governments.
● National Registration Dependency: The international registration is dependent on the continued validity of the local (Indian) trademark registration for five years. If the local registration expires or is rejected, the international registration is no longer protected.
● WIPO Processing: WIPO inspects the application, notifies the Indian Registrar of any issues, and grants international protection for the trademark once approved.
GTS streamlines the process, providing expert assistance to help businesses secure global trademark protection efficiently.
- Summary: Process of International Trademark Registration
● Apply through National Office: First, ensure your trademark is registered with your country’s Trademark Office. Once registered, you can apply for international protection through WIPO.
● WIPO Examination: WIPO reviews the application, and if accepted, your trademark is added to the International Register and published in the WIPO Gazette. WIPO notifies the Trademark Offices of the countries where protection is requested.
● National Offices Examination: Within 12-18 months, the IP Offices of each country will examine your trademark and decide whether to grant protection. If any country refuses, you can contest the decision, but it won’t affect other countries.
● Validity & Renewal: The international trademark is valid for 10 years and can be renewed after that period.
This process allows you to protect your trademark in multiple countries with a single application.
- Documents Required for International Trademark Registration with GTS
To apply for international trademark registration under the Madrid Protocol, the following documents are required:
● Proof of Business: Evidence of your business registration or entity in the country of origin.
● Trademark Application or Registration Certificate: A copy of your trademark application or certificate from the national IP office.
● Form TM-48: Authorization form granting power of attorney to your representative.
● PAN and Aadhar Card: Identity verification documents (for applicants in India).
● Trademark Representation: Clear image of the trademark (logo, design, or word).
● MSME Registration (if applicable): If you’re an MSME, provide the certificate.
● Form MM-2: The international application form detailing the trademark and the countries where protection is sought.
● Additional Documents: Depending on the jurisdiction, you may need extra documents (e.g., a second language for certain countries like the US).
- Process of Direct Filing for International Trademark Registration:
● Apply to National Trademark Office: Submit your trademark application to the relevant national office using the appropriate form (e.g., Form MM2, MM-18E in the US).
● WIPO Examination: After national approval, the application is sent to WIPO for verification and publication in the WIPO Gazette of International Marks.
● National Office Review: The national offices in the countries where you seek protection review your application for compliance with their laws.
● Domestic Publication: The application is published in the national trademark gazette, allowing for objections from other trademark holders.
● Provisional Rejection: If issues arise (e.g., conflicts with pre-registered marks), the national office may issue a provisional rejection. After 12-18 months, if no objections persist, the trademark is officially registered.
This process enables international protection through direct filing, ensuring thorough examination in multiple jurisdictions.
- International Trademark Registration Process under the Madrid Protocol:
● File International Application: Submit the application through an attorney, after authorizing them via Form TM-48, and pay the required stamp duty.
● Document Submission: Submit Form MM-18(E) if applying to the EU, and specify a second language if applying to the US. File the international application in Form MM-2(E).
● Verification by Registrar: The registrar ensures the application meets the Madrid Protocol’s criteria, then sends it to WIPO.
● National Registration: The international registration is valid as long as the local registration is valid for five years; otherwise, it is no longer protected.
● WIPO Application: WIPO inspects the application and updates the international register. The trademark is then protected in all designated countries.
This process simplifies global trademark protection through a single filing, ensuring international coverage via WIPO.
Difference Between Direct Filing and Madrid Protocol for International Trademark Registration:
Aspect
Direct Filing
Madrid Protocol
- Why Choose GTS for International Trademark Registration?
GTS is a trusted partner for businesses and individuals seeking patent registration services. Here’s why:
● Experienced Team: GTS boasts a team of skilled and knowledgeable patent attorneys who guide you through the entire patent process—from patent searches to filing applications and securing your patent certificate.
● Comprehensive Services: They offer end-to-end services, ensuring that every step of the patent registration process is handled with precision and expertise.
● User-Friendly Platform: With GTS’s online platform, you can easily track the status of your patent application, making the process hassle-free.
● Competitive Pricing: GTS provides transparent pricing and competitive fees, ensuring that you get great value for your investment without any hidden costs.
● Reliable Protection for Innovation: GTS’s patent registration services are designed to protect your innovative ideas and inventions, making it a smart choice for businesses and individuals looking to secure their intellectual property.
GTS’s focus on professionalism, transparency, and customer satisfaction makes it an ideal choice for securing your patents and protecting your intellectual property.
- FAQs
An international trademark application under the Madrid Protocol can target any of the over 120 member countries, including major markets like the European Union, United States, China, India, Japan, Australia, Canada, and many more. This allows businesses to protect their trademarks in multiple countries with a single application, streamlining the process and reducing costs.
No, international trademark registration under the Madrid Protocol does not guarantee protection in all designated countries. Each country reviews the application based on its own trademark laws and may accept or reject the registration. Therefore, while the process simplifies the filing, each country’s intellectual property office has the authority to approve or refuse protection according to its regulations.
International trademark registration is crucial for protecting your brand worldwide, preventing counterfeits, and enabling legal action against infringements in foreign markets. It strengthens your brand’s identity and ensures your intellectual property is safeguarded across multiple countries.
Yes, you can file an international trademark if you are a national, have a domicile, or a business in any of the 130 countries that are part of the Madrid System. The Madrid System allows you to apply for trademark protection in multiple countries with a single application, making it easier to manage your global trademark portfolio.
To file an international trademark:
⦁ File a national trademark application in your home country.
⦁ Submit an international application to the World Intellectual Property Organization (WIPO).
⦁ Designate the countries where you seek protection (over 130 countries are covered by the Madrid System).
⦁ WIPO reviews the application and forwards it to the trademark offices of the designated countries.
⦁ National offices of each country review and approve or object to the application within 12-18 months.
⦁ If no objections arise, WIPO issues international registration and your trademark is protected in the designated countries.
This process simplifies international trademark registration by centralizing filing and communication through WIPO.
To protect your logo worldwide:
⦁ Register Locally: First, register your logo with your home country’s trademark office.
⦁ Use the Madrid System: File an international application with WIPO under the Madrid Protocol, which allows you to seek protection in multiple countries with one application.
⦁ Designate Countries: Choose the countries where you want protection.
⦁ National Review: Each designated country examines the application based on its laws.
⦁ Maintain Protection: Renew your trademark every 10 years to keep it valid internationally.
The Madrid System simplifies the process of securing global protection for your logo.
Trademark registration involves the following steps:
⦁ Trademark Search: Check for existing similar trademarks.
⦁ Filing the Application: Submit the application to the relevant trademark office (national or international via the Madrid Protocol).
⦁ Examination: The office reviews the application for compliance.
⦁ Publication: The trademark is published for opposition.
⦁ Registration: If there’s no opposition, the trademark is registered, and a certificate is issued.
⦁ Renewal: The trademark is valid for 10 years, with periodic renewals to maintain protection.
The cost of an international trademark depends on the number of countries and classes you choose to apply to. Fees are based on the Madrid Protocol system, with base fees in Swiss Francs (CHF) and additional charges for each designated country and class. For an accurate estimate, it’s best to consult an IP expert at GTS
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