All The Essential Information About International Business and Trade Registration

A trademark is a logo or brand that contains the symbol, letters, words, numbers, or phrases associated with a company's or individual's goods or services. A trademark is a corporate identity that allows consumers to distinguish branded goods or services from others. As a result, trademark registration is required to protect against unauthorised use by others.

However, trademark registration is restricted to specific areas. As a result, when an International business and trademark is registered in India, it gives protection exclusively within India. For protection outside of India, a trademark owner must get international trademark protection. When trademark owners get worldwide registration, they can use the mark outside of India and prevent others from using the same mark in the world market.

Madrid Protocol
 

International business and trade registration is governed by the Madrid Protocol. On 14 April (1891), the Madrid Agreement or Protocol pertaining to international trademark registration was approved, and on 27 June 1989, the Madrid Protocol relating to the Madrid Agreement was adopted in Madrid.

After India joined the Madrid Protocol, the Trademarks Act of 1999 was revised to conform to the Madrid system. The Trademarks (Amendment) Act, 2010, was approved on September 21, 2010, and international business and trade registration under the Madrid Protocol was established in India.

The Madrid Protocol permits trademark registration in Madrid Union member nations. The Madrid Union has 112 members from 128 different countries. By filing a single application at the national trademark office or office of origin, the trademark holder can achieve international business and trade registration as per the Madrid Protocol or agreement.

The Registrar of Trademark Office is the place of source for filing an international business and trade registration under the Madrid Protocol if the firm is registered in India. The trade registration application will be processed by the origin office & filed with the Intellectual Property Organization in Geneva.

Pre-requisites for International Business and Trade Registration
 

Before filing for international business & trade registration, the trademark applicant must verify that the following standards are met:

• The applicant must be a citizen of India, an Indian national, or have an active and legitimate business or commercial enterprise in India.
   
• The applicant must hold a registered trademark with the Indian Trademarks Registry or have already applied for a national trademark in the country. The international trade application is based on the national trademark application/registration.
   
• The applicant must file an international application for the same trademark for which a national trademark registration has been acquired or that is referenced in the national trademark application.
   
• The international application should contain the same list of services and items as the national trade registration or application.
   
• The applicant must choose 1 or more Madrid Protocol member nations in which he or she wishes to seek international protection.

International Business and Trade Registration Process in India
 

The process of International Business and Trade Registration involves the following steps:

Search for a Trademark
 

Before filing for international business and trade registration, the applicant must do a trademark search. The applicant can execute a trademark search on the WIPO's Global Brand Database to see if any similar or identical registered trademarks exist. The applicant must guarantee that there are no comparable or identical registered trademarks in any of the Madrid Protocol nations where he or she intends to file for trademark registration. The application will be refused if a similar or identical trademark already exists.

Application for Registration
 

Following the trademark search, the applicant must finish Form MM2 for international business and trade registration (E). As the office of origin for Indian firms, the applicant should file the international trade registration form with the Office of the Registrar of Trademarks. The application will be processed & verified by the Registrar of Trademarks. The Registrar will submit it to the World Intellectual Property Organisation in Geneva when it has been verified. The applicant must electronically file the foreign trademark application through the official IP India website & pay the processing cost.

WIPO Examines the Application
 

WIPO will assess the International business and trade registration application when it is submitted by the Registrar of Trademarks Office. When the World Intellectual Property Organization (WIPO) approves the registration application, the trademark is included in the International Register & published in the WIPO Gazette of International Trademarks.

WIPO Notification of International Business and Trade Registration
 

The WIPO will notify each Madrid Protocol member country where the applicant wishes to acquire registration of the international business and trade registration application. The member nations will conduct an examination of the international business and trade registration application in accordance with trademark legislation and standards. Within 12 to 18 months of receiving the trade registration, the member nations will provide their examination report and notify WIPO of acceptance or denial of the application.

Trade Registration Opposition
 

If any member country objects to the International business and trade registration application, it must be filed to the WIPO in the appropriate manner. The opposition procedures to the trademark application shall be handled exclusively between the trade applicant and the relevant Madrid Protocol member nation. Response, appeal, hearing, and prosecution are all part of the opposition procedures. The WIPO will be involved throughout the opposition process.

Registration of International Business and Trade
 

When the member nations accept the application, the trademark will be registered for 10 years in the corresponding designated member countries under the Madrid Protocol. Following the acceptance of the registration application, the applicant will get a statement of the grant, which validates international business and trade registration.

Advantages of International Business and Trade Registration in India
 

Legal safeguards
 

International business and trade registration safeguards the trademark against international infringement. The registered trademark is protected against unauthorised use by a third party in the foreign nation where it is registered. When a trademark is registered, it is much easier to show the legal claim to it in court.

Possibility of doing business
 

A trademark is an intangible asset of a company that plays an important part in the growth of the brand. A successful trademark gives the company the possibility to generate money. When a trademark is registered worldwide, the owner can license it to a foreign firm. As a result, international trademark registration facilitates the success of a brand or product.

Distinct identity
 

A product's global recognition is enhanced by international trademark registration. International business and trade registration aids in the battle against infringement by granting trademark owners exclusive rights to one of their most valuable assets.

Advantageous for internet operators
 

International business and trade registration is critical to the success of an e-commerce firm. When a company sells things online, it opens the door for the product to be available to foreign customers all over the world. Once a product has received worldwide recognition, it is quite simple for the trademark to develop acceptance among a large consumer base. It is preferable to get worldwide trademark registration for such items in order to minimise customer misunderstanding.

Brand protection during export or import
 

The international business and trade registration protects the branded goods against foreign parties misusing the trademark in foreign countries. As the trademark gains recognition in other countries, it is more likely to be duplicated or utilised illegally by other parties in order to obtain clients. In the event of such infringement during import or export, international trademark registration grants the ability to take legal action and protect the trademark connected with a product or service.

Conclusion
 

Trademark registration is geographical. This implies that you must file a distinct trademark application for each nation in which you desire to be present. Because the entity that files the trademark application usually controls the trademark, it is critical that you move quickly. It is critical to remember that national trademark registration is limited to the country in which it is registered and does not grant the owner of the trademark any rights outside of that country.

For protection outside of India, a trademark owner must get international business and trade protection. When trademark owners get international business and trade registration, they can use the mark outside of India and prevent others from using the same mark in the global market.