Benefits of International Trademark Registration

1. Legal Protection: International trademark registration provides legal protection, allowing you to take legal action against potential infringements. Registering your mark, whether it's a word, phrase, slogan, or logo, is a crucial step to ensure your rights are safeguarded.

2. Business Opportunity: Trademarks are intangible assets that contribute to business growth. Successful trademark registration opens doors for increased profit and recognition. Brands like Adidas and McDonald's have expanded their revenue through licensing and franchising agreements.

3. Unique Identity: International trademark registration gives your brand or product a unique identity on a global scale. This recognition enhances your brand's visibility and reputation.

4. Beneficial for Online Businesses: International trademark registration is particularly advantageous for online or e-commerce businesses. It facilitates growth by allowing your business to reach international consumers and expand its global presence.

5. Changes and Renewal: The registration process for international trademarks is valid for 10 years from the filing date. Altering, changing, or renewing your registration is straightforward. Renewal involves submitting the same application form filed with the WIPO.

6. Protection During Export/Import: International trademark registration shields your brand, products, and business from counterfeit goods. If infringements occur during import or export, you have the legal authority to take action against such violations.

Basic needs to file for International Trademark Registration

To initiate the International Trademark Registration process, the following requirements must be met:

1. Business Concern in a Contracting Party: You should have a business presence or activity in a country that is a party to the Madrid System for the International Registration of Marks.

2. Resided in a Contracting Party: Your place of residence should be within a country that is a party to the Madrid System.

3. Citizenship of a Contracting Party: You need to be a citizen of a country that is part of the Madrid System.

For instance, if you are an Australian citizen or have a business in Australia and your affiliation is with Canada, which is a member of the Madrid System, you should file your international trademark registration application through Canada's Intellectual Property Office.

These requirements ensure that applicants have a direct link to a country that participates in the Madrid System, allowing them to benefit from the international trademark registration process.

Registration procedure involved in International Trademark Registration

1. Basic Trademark Application: Before applying for international trademark registration, it's essential to have the mark registered in your home country. This initial registration is referred to as the Basic Trademark Application. Once this is completed, you can proceed with the international registration process.

2. Application Submission: Apply for international trademark registration through the same office (National Trademark Office or Office of Origin) that handled your Basic Trademark Application. This office will forward your application to the World Intellectual Property Organization (WIPO).

3. WIPO Inspection: WIPO will review your international application to ensure its completeness and adherence to guidelines.

4. Inspection by National Offices: The Intellectual Property (IP) Offices of the countries where you seek protection for your mark will review your application within approximately 12 to 18 months. Their decisions will be communicated to WIPO.

5. Options from National Offices: Each national office will communicate their decision to WIPO. If an office refuses or partially refuses your trademark protection, it doesn't affect other offices' decisions. You can contest a refusal or objection directly with the concerned national office.

6. Acceptance or Refusal by National Offices: If an office approves your trademark, they will issue a statement of protection for your mark.

7. Validity and Renewal: The international trademark registration is valid for 10 years. You have the option to modify or renew the registration certificate after the 10-year period.

8. Processing Timeline: The processing time varies by country but usually doesn't exceed 18 months.