It is usual for a trademark to be registered in multiple countries by different owners. Therefore, to protect their trademark rights and prevent third parties from exploiting them, the business owner should be aware of this and consider acquiring greater security for their marks in all relevant jurisdictions or nations.
The corporation should prioritize registering their mark in any countries where they provide their services and business, as well as in any countries where they intend to utilize the mark for future business or services. Some trademark owners additionally register their marks in nations known to have problems with asset counterfeiting. To register your brand worldwide, you must first understand international trademark rights.
International Trademark Rights
To expand your firm overseas, you must be aware of all international trademark rights. Trademark rights, like other intellectual property rights, differ depending on the province in which they are used or registered. According to international trademark laws,
- Each country is free to identify and protect its trademark rights in a way that achieves the agreement’s goals.
- International trademark rights refer to a set of trademark rights recognized by several jurisdictions.
- The existence and enforceability of these rights will differ from country to country, and they are typically not dependent on other countries.
- Despite differences in establishing and enforcing trademark rights, many jurisdictions have established formal processes or strategies for filing trademark applications.
Can a Trademark Be Protected in More Than One Country?
Yes, under the Madrid Protocol, a trademark can be registered in more than one nation. In addition, many international corporate agreements provide documentation of a petition to register a trademark in more than one jurisdiction.
- Registration with the Benelux Office for Intellectual Assets provides trademark protection in the Benelux countries of Belgium, Luxembourg, and the Netherlands.
- A European Union Trade Mark (EUTM) enrollment protects a trademark in all European Union (EU) member states.
- The Madrid Protocol makes it simple to document a form for international registration, which protects a trademark in any of the countries the form designates as a member of either or both of those agreements.
- Documenting with the African Regional Intellectual Property Organisation (ARIPO) protects a trademark in all member states.
How an Applicant Can Secure a Trademark Registration Covering More Than One Country?
- A trademark applicant must file an application for international trademark registration under the Madrid Protocol through the applicant’s trademark office, known as the place of origin.
- The place of origin is the Indian trademark registration authority for Indian enterprises.
- The place of origin handles trademark applications and sends them to the Intellectual Property Organization (IPO) in Geneva.
- If a trademark application is deemed appropriate, the trademark will be registered in the international register and published in the World Intellectual Property Organization (WIPO) under the international trademark bulletin.
- The international bureau then issues a certificate of the international registration to notify each Madrid Protocol contracting party that the trademark applicant seeks protection.
- The Madrid Protocol establishes a strict 12-month or 18-month deadline for the designated office to file an objection to the mark’s registration.
- Any objection to the registration of the mark must be submitted to the international bureau in the prescribed format. • In the absence of refusal by any country, the protection of each country’s mark is the same as if that country’s office registered it.
- Once registered under the Madrid Protocol, the international sign of access will be valid for ten years.
- After ten years, international trademark registrations can be renewed directly with WIPO or the relevant office of origin.
What Is an International Registration?
An international registration identifies a registration conserved under the Madrid system. According to the Brexit transition period, the UK Intellectual Property Office (UKIPO) will immediately and, free of charge, remodel the UK portion of an IR, creating the EU into a diversified and independent UK trademark enrollment with the same entry date as the EUTM formed under an IR. For EUTM petitions that have not been resolved since the 1st of January, 2021. The trademark petitioner will have nine months from the 31st of December 2020 to submit a new and distinct UK trademark petition with the same entry date as the EUTM.