Procedure for registering a trademark internationally
Firstly choose a name or logo associated with your company that you intend to register. A trademark must be chosen carefully. Pick a mark that is inherently distinctive.
The Madrid System is a convenient and cost-effective solution for registering and managing trademarks worldwide. File a single application and pay one set of fees to apply for protection in up to 123 countries. Modify, renew or expand your global trademark portfolio through one centralized system.Firstly choose a name or logo associated with your company that you intend to register. A trademark must be chosen carefully. Pick a mark that is inherently distinctive.
If you either have a personal or business connection to one of the System’s members you are eligible to use the system. For example, you must either be domiciled, have an industrial or commercial establishment in, or be a citizen of one of the 123 countries covered by the Madrid System's 107 members. In 2013, India became a member a member of this system.
Stage 1: Application in India (Office of origin)Firstly choose a name or logo associated with your company that you intend to register. A trademark must be chosen carefully. Pick a mark that is inherently distinctive.Stage 2: Formal examination by WIPOThe WIPO conducts a formal examination of the international application. If approved, the mark is then recorded in the International Register and published in the WIPO Gazette of International Marks. Then a certificate of the international registration of the mark is sent to the applicant and the same is notified to the IP Offices in all the territories where the applicant wishes to have their mark protected.Stage 3: Examination by National or Regional IP Offices by the territories to which the application is sent toThe IP Offices of the territories where the applicant wants to protect the mark, then have the right to examine and make a decision to either protect or reject the trademark within the time limit of 12 or 18 months in accordance with their legislation. WIPO will record the decisions of the IP Offices in the International Register and then notify the applicant.Once the trademark is registered internationally under the Madrid Protocol, the mark is valid for 10 years and can by renewed from therein.
An application for the restoration of a trademark to the register and renewal of its registration under sub-section (4) of section 25, shall be made in Form TM-R within one year from the expiration of the registration of the trademark accompanied by the prescribed fee. The Registrar shall, while considering the request for such restoration and renewal have regard to the interest of other affected persons.
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