International trademark registration allows businesses to protect their brand identity in multiple countries through a single application process. This is governed by the Madrid System, administered by the World Intellectual Property Organization (WIPO). The system enables businesses to register their trademarks in over 130 member countries without filing separate applications in each country.
In India, international trademark registration is facilitated through the Office of the Controller General of Patents, Designs & Trademarks (CGPDTM), which acts as the national authority for forwarding applications to WIPO.
1. Madrid Protocol Registration – This allows Indian businesses to apply for trademark protection in multiple member countries through a single application filed with WIPO.
2. Direct National Filing – Businesses can also file separate trademark applications directly in the trademark office of each target country.
• The applicant must have a registered or pending trademark application in India (known as the “basic application”).
• The applicant should be a citizen, domiciled in, or have a business establishment in India.
• The international application should be based on the exact details of the Indian trademark application.
• The applicant must select the Madrid Protocol member countries where trademark protection is required.
• The goods or services listed must be identical or within the scope of the basic Indian application.
• Single Application Process – Protects the trademark in multiple countries through a single application.
• Cost-Effective – Avoids the need for separate national applications, reducing filing and translation costs.
• Simplified Management – Any modifications, renewals, or assignments can be handled centrally through WIPO.
• Global Brand Recognition – Helps businesses establish a strong international presence.
• Legal Protection in Multiple Jurisdictions – Prevents unauthorized use or infringement in different countries.
• Indian Trademark Application or Registration Number
• Power of Attorney (if filed through an agent)
• Details of the Applicant – Name, nationality, and business establishment details
• List of Goods or Services – As per the Nice Classification
• Certified Copy of the Indian Trademark Registration (if applicable)
• List of Designated Countries where the applicant seeks protection
1. Filing the Basic Trademark Application – The applicant must have an existing or pending trademark application in India.
2. Filing the International Application – The application is submitted through the Indian Trademark Office (CGPDTM), which verifies and forwards it to WIPO.
3. Formal Examination by WIPO – WIPO examines the application for completeness and compliance with Madrid Protocol regulations.
4. Publication in the WIPO Gazette – If approved, the trademark is published in the WIPO International Trademark Gazette.
5. Examination by Designated Countries – Each selected country independently examines the trademark based on local laws.
6. Acceptance or Refusal by Individual Countries – If approved, the trademark is granted protection in the respective jurisdictions. If refused, applicants can respond to objections within the stipulated time frame.
7. Issuance of International Trademark Certificate – Once all processes are complete, the international trademark registration is granted and is valid for 10 years, renewable indefinitely.
• Expert Guidance – Assists in choosing the best international trademark registration strategy.
• Application Filing & Documentation – Ensures proper filing and submission of the international application through WIPO.
• Handling Objections & Compliance – Helps respond to any objections or office actions raised by different national trademark offices.
• Trademark Monitoring & Renewal – Provides support for renewal and management of the international registration.
• Legal Protection & Enforcement – Assists in trademark infringement cases in foreign jurisdictions.
