Trademark registration in India, as well as other countries, is regional. Separate trademark registration applications must be filed based on the country that you wish to file the trademark. Businesses looking to sell and market internationally must register their marks in those respective countries. The party that first registers the mark will be the ones to own it.

Trademark registration in India is limited to its borders and does not give the same rights when the business is traded outside the country. Most businesses realize the importance of registering trademarks in international countries only after they come across any imitators/counterfeits or are accused of trademark infringement. Involvement in such a risk can be costly and detrimental to the entire business and export strategy.

Investing and promoting your brand in the Indian market and then learning that the brand cannot be registered and used internationally can incur severe financial liability.

1. Registering your mark in other countries gives you exclusive rights to use the mark in the markets of those registered countries.

2. Trademark registration in international countries gives you the right to take legal action against counterfeits and also gives you exclusive rights over the valuable business asset.

3. Registering a trademark internationally allows licensing the mark as per the company’s merchandising or franchising strategy.

To be price, the benefits that you get out of international trademark registration outweighs the cost incurred for such registration.

International Application under Madrid Protocol

International trademark registration done under the Madrid Protocol has made the process easy and cost-effective. India joined the Madrid Protocol with effect from July 8^th, 2013. International registration through the Madrid Protocol gives one single and affordable procedure to register your mark in multiple territories. Currently, there are 91 countries as members of the Madrid system.

To file an international trademark application under the Madrid Protocol, you must file a corresponding trademark registration application in India. In a single application for international trademark registration under the Madrid Protocol, multiple countries that are the members of the Madrid system can be included. However, the fee of the registration will depend on the number of countries designated and classes selected.

Upon filing the trademark registration application, the mark will be thoroughly examined by the designated officials of the respective member country and then proceeds to registration. On the other hand, if you wish to obtain trademark registration in a country which is not a member of the Madrid Protocol, a unique national trademark application has to be filed in that respective country.