International Trademark Registration Services in India

Welcome to A2Z FINEDGE, your comprehensive solution for international trademark registration. With a team of experienced professionals, including Chartered Accountants (CAs), Company Secretaries (CSs), Advocates, Lawyers, and MBAs, we specialize in helping businesses protect their brand globally. This guide provides an in-depth look at the international trademark registration process, fees, eligibility, timelines, and post-application steps.

What is International Trademark Registration?

International trademark registration allows businesses to protect their trademarks in multiple countries through a single application. This is facilitated under the Madrid System, an international treaty that simplifies the process of registering trademarks in multiple jurisdictions. The Madrid System is governed by the World Intellectual Property Organization (WIPO) and provides a cost-effective and centralized way to secure trademark rights worldwide.

Registering your trademark internationally ensures that your brand is safeguarded against misuse and infringement, offering a solid foundation for global expansion. The process streamlines what would otherwise be complex, country-specific procedures, making it an essential step for businesses operating across borders.

Who Can Apply for International Trademark Registration?

The following entities can apply for international trademark registration:

1. Indian Businesses:
• Companies registered in India wishing to expand their brand globally.
2. Indian Individuals:
• Entrepreneurs or proprietors operating under a specific brand name.
3. Foreign Businesses in India:
• Entities with a business presence in India intending to protect their trademarks globally.

Eligibility Criteria:

• The applicant must have an existing or pending trademark application in India (known as the basic application).
• The applicant must be a national of, domiciled in, or have a real and effective industrial or commercial establishment in India.

Benefits of International Trademark Registration

1. Global Protection:
• Secure your trademark rights in multiple countries through a single application.
2. Cost-Effectiveness:
• Eliminates the need for multiple, country-specific trademark filings, saving significant time and costs.
3. Brand Credibility:
• A registered international trademark boosts customer and partner confidence, reflecting your brand’s commitment to quality and consistency.
4. Streamlined Management:
• Manage renewals, updates, and modifications through a centralized WIPO platform.
5. Flexibility:
• Extend trademark protection to additional countries as your business grows.
6. Legal Advantage:
• Enables swift and effective enforcement of rights in case of infringement, deterring potential violators.

Madrid System: Overview and Advantages

The Madrid System is a globally recognized framework for simplifying international trademark registrations. With over 120 member countries, it offers:

1. Ease of Filing:
• A single application can cover multiple countries, reducing paperwork and administrative hassle.
2. Cost Savings:
• Centralized filing through WIPO significantly cuts costs compared to individual applications.
3. Efficient Updates:
• Any change to your international trademark, such as a new owner or address, can be processed centrally.
4. Strategic Expansion:
• Protect your brand in key global markets without navigating complex, country-specific laws.

Fees for International Trademark Registration

The cost of registering an international trademark includes:

1. WIPO Fees:
• Basic fee: 653 Swiss Francs (CHF) for black-and-white trademarks or 903 CHF for colored trademarks.
2. Individual Country Fees:
• Varies based on the countries selected for protection. Some countries charge higher fees due to extensive examination procedures.
3. Indian Government Fees:
• Filing fee for Form MM2: INR 5,000 for individuals/startups/small entities and INR 10,000 for others.
4. Professional Fees:
• Charges for expert guidance, drafting, and submission of applications.

Forms Required

1. Form MM2:
• The international application form submitted through the Indian Trademark Office to WIPO.
2. Basic Application:
• Copy of the Indian trademark application or registration that serves as the basis for the international application.
3. Power of Attorney:
• Authorizes professionals to file the application on your behalf, ensuring accuracy and compliance.

Detailed Process for International Trademark Registration

1. Filing the Basic Application:
• Ensure you have a valid trademark application or registration in India. This serves as the foundational document for your international application.
2. Preparing Form MM2:
• Fill out Form MM2, specifying the desired countries for trademark protection.
3. Submission to the Indian Trademark Office:
• Submit Form MM2 to the Indian IP Office, which forwards it to WIPO after verification.
4. Examination by WIPO:
• WIPO conducts a formal review to ensure the application complies with Madrid Protocol requirements.
5. Publication in the International Gazette:
• Once approved, your trademark is published in the WIPO Gazette of International Marks.
6. Country-Specific Examination:
• Each designated country examines the trademark based on its domestic laws, issuing approvals or objections within 12-18 months.
7. Registration Certificate:
• Upon acceptance by designated countries, your trademark is granted international protection.

Timeline for International Trademark Registration

1. Basic Application in India: 1-2 weeks.
2. Indian IP Office Processing: 3-4 weeks.
3. WIPO Examination and Gazette Publication: 4-6 weeks.
4. Country-Specific Examination: 12-18 months.
5. Total Timeline: Approximately 12-24 months, depending on the countries selected.

Post-Application Steps

1. Monitoring:
• Keep track of your trademark’s usage in all registered countries to identify potential infringements.
2. Renewal:
• Renew your international trademark every 10 years via WIPO.
3. Modification Requests:
• Submit changes to ownership, address, or other details centrally through WIPO.
4. Enforcement Actions:
• Utilize your international registration to enforce your rights against infringers globally.

Why Choose A2Z FINEDGE?

A2Z FINEDGE provides unmatched expertise and end-to-end support for international trademark registration:

1. In-Depth Expertise:
• Our team comprises legal experts, CAs, CSs, and MBAs who are well-versed in global trademark laws and the Madrid System.
2. End-to-End Assistance:
• From initial consultation to post-registration support, we guide you through every stage of the process.
3. Global Reach:
• Experience in filing trademarks across diverse industries and jurisdictions, ensuring a tailored approach to every client.
4. Customized Strategies:
• We provide solutions specific to your business goals, whether protecting your brand locally or expanding internationally.
5. Transparent Pricing:
• Detailed cost breakdowns with no hidden fees, ensuring clarity and trust.
6. Efficient Application Handling:
• Minimized chances of errors or rejections due to meticulous preparation and submission.
7. Continuous Support:
• Assistance with renewals, modifications, and enforcement to keep your trademark protected over the long term.
8. Proven Success:
• Hundreds of successfully registered trademarks for clients ranging from startups to multinational corporations.