In today's interconnected world, expanding your business beyond national borders is not just an ambition; it is often a necessity for growth. As your brand ventures into new markets, protecting your intellectual property becomes paramount. This is where international trademark registration comes in and Praman Advisors Private Limited stands as your trusted partner in navigating this crucial process.
Overview: Securing Your Brand Worldwide.
An international trademark registration allows you to protect your brand name, logo, slogan or any unique identifier across multiple countries with a single application. For Indian businesses, this is primarily facilitated through the Madrid Protocol, an international treaty administered by the World Intellectual Property Organization (WIPO).
Praman Advisors offers comprehensive services for international trademark registration, leveraging their expertise to streamline the often complex process. They understand that a strong brand identity is a valuable asset and securing it’s exclusive use globally is vital for preventing infringement and building a strong international presence.
Registering your trademark internationally through Praman Advisors provides a multitude of advantages:-
- Global Protection: Safeguard your brand in over 120 member countries of the Madrid Protocol with one application, eliminating the need for separate filings in each country.
- Cost-Effective: While individual country filings can be expensive and time-consuming, the Madrid Protocol offers a more economical solution for protecting your mark in multiple jurisdictions.
- Simplified Management: Centralized management of your international trademark through WIPO means renewals, changes of ownership and other administrative tasks can be handled efficiently, saving you significant effort.
- Enhanced Brand Value: A globally protected trademark increases the perceived value and credibility of your brand, attracting investors and fostering consumer trust in international markets.
- Legal Recourse: In case of infringement, international registration provides a strong legal basis to enforce your rights and take action against unauthorized use of your brand.
- Strategic Expansion: It provides a clear path for business expansion, ensuring your brand is legally protected as you enter new territories.
- Expert Guidance from Praman Advisors: With Praman Advisors, you gain access to seasoned professionals who can guide you through every step, ensuring compliance and maximizing your chances of successful registration.
While the exact requirements can vary based on the specific countries designated, here is a general list of documents you will typically need to provide when applying for international trademark registration through Praman Advisors:-
- Details of the Applicant: Full legal name, address, nationality and legal entity type (individual, company, partnership firm etc.).
- Basic Indian Trademark Application/Registration: A pre-existing national (Indian) trademark application or registration is a prerequisite for filing under the Madrid Protocol. The international application must correspond exactly to this basic mark.
- Representation of the Trademark: A clear soft copy of your logo, word mark or combination mark. If it is a device or logo, a high-resolution image is essential.
- List of Goods and Services: A precise classification of the goods and/or services for which your trademark will be used, categorized according to the Nice Classification system.
- Power of Attorney: A signed Power of Attorney authorizing Praman Advisors to act on your behalf throughout the registration process.
- Identity and Address Proof of Signatory: For individuals, Aadhar card, PAN card and utility bills. For companies, Certificate of Incorporation, PAN card of the company and board resolution authorizing the application.
- MSME/Startup Certificate (if applicable): To avail potential benefits and reduced fees.
- User Affidavit (if trademark is already in use): Proof of first use of the trademark, if applicable.
Praman Advisors' team will assist you in compiling and verifying all necessary documentation to ensure a smooth application.
The process of international trademark registration, particularly through the Madrid Protocol involves several key stages. Praman Advisors simplifies this for you:-
- Initial Consultation and Trademark Search: Praman Advisors begins with a thorough consultation to understand your business needs and conduct a comprehensive trademark search in the designated countries to assess availability and minimize potential objections.
- Preparation of Basic Indian Application/Registration: If you do not already have one, Praman Advisors will assist you in filing and securing your basic trademark application or registration in India as this is the foundation for your international application.
- Filing International Application with IP India (Office of Origin): Once your basic Indian mark is in place, Praman Advisors prepares and submits your international application (Form MM2) to the Indian Trademark Office, which acts as your "Office of Origin."
- Certification by IP India: The Indian Trademark Office verifies that your international application corresponds to your basic mark and certifies it before forwarding it to WIPO.
- Formal Examination by WIPO: WIPO conducts a formal examination of the application for compliance with international requirements. If any irregularities are found, Praman Advisors will work with you to address them promptly.
- Registration and Publication: Upon successful formal examination, WIPO registers your mark in the International Register, publishes it in the WIPO Gazette of International Marks and notifies the intellectual property offices of your designated countries.
- Substantive Examination by Designated Countries: Each designated country's intellectual property office then examines your application according to it’s national laws. They will decide whether to grant or refuse protection based on distinctiveness, similarity to existing marks etc.
- Addressing Objections/Refusals: If any objections or provisional refusals are raised by a national office, Praman Advisors will guide you on the necessary responses and legal strategies to overcome them, potentially involving local counsel, if required.
- Grant of Protection: If no objections are raised or successfully overcome within the stipulated time (typically 12-18 months), your trademark will be protected in the designated countries.
The fees and timelines for international trademark registration are dynamic and depend on several factors:-
- Number of Designated Countries: Each country designated incurs a specific fee.
- Number of Classes of Goods/Services: Fees are also calculated based on the number of Nice Classification classes your goods and services fall under.
- Black & White vs. Colour Mark: WIPO fees may vary slightly for color marks.
- Official Fees: These include WIPO fees (basic fee, complementary/individual fees per country, supplementary fees per class) and the handling fee charged by the Indian Trademark Office.
- Professional Fees: Praman Advisors charges a professional fee for their expert services, which typically covers comprehensive search, application preparation, filing, follow-ups and handling correspondence.
Please contact us for a personalized quote:-
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- Manju Laur: 📞 +97119 94042
Estimated Timelines:
- Initial Filing to WIPO Registration: Generally 02-04 months.
- Substantive Examination by Designated Countries: Can take 12-18 months and sometimes longer, if objections arise.
- Overall Process: The entire process from filing to obtaining full protection in all designated countries can range from 18 months to 02 years or more, depending on the complexity and any objections.
Praman Advisors provides transparent cost estimates and keeps you informed about the progress and any potential delays, ensuring you have a clear understanding throughout the process.
Frequently Asked Questions
It is an international treaty that allows trademark owners to obtain protection for their marks in multiple countries that are members of the Protocol by submitting a single application with their national or regional intellectual property office.
Yes, an existing national (Indian) trademark application or registration is mandatory as the "basic mark" for filing under the Madrid Protocol from India.
You can designate any number of countries that are members of the Madrid Protocol.
If a country issues a provisional refusal, Praman Advisors will help you respond to the objection, potentially engaging local legal counsel, if necessary.
An international trademark registration is valid for 10 years and can be renewed centrally through WIPO.
Yes, you can extend the protection of your existing international registration to additional Madrid Protocol member countries through a "subsequent designation."
A "central attack" is a risk associated with the Madrid Protocol where, if your basic Indian trademark application or registration is successfully challenged and invalidated within five years of the international registration date, your international registration may also be cancelled or limited. Praman Advisors helps mitigate this risk by ensuring the strength of your basic mark.
Praman Advisors is dedicated to making your international trademark journey seamless and successful. Contact them today for a consultation and take the first step towards global brand protection!
