International TM Registration: Complete Guide for Indians

Indian Citizens can file an International Trademark in multiple countries at once using Madrid Protocol. Alternatively, individual applications can be submitted in each country.

Want to register an international trademark?
It is crucial that you have an active application that is either pending with CGPDTM or is registered in India.

Eligibility for Filing International Trademark

The applicant must meet at least one of the following eligibility criterion:

• The applicant must be national of India.
• The applicant should be staying in India
• The applicant should have an active commercial establishment in India

International trademark protection for your trademark is only possible through Madrid e-filing process. The applicant can file for trademark protection in more than one country through a single application.
Madrid Protocol

The International Bureau of world Intellectual Organisation is the regulatory body. The treaty has provided members of the party countries with a one-stop destination for registration.
The examination process of these applications is done as per the laws applicable in the regional office of the designated countries.

International Application Process

Madrid system simplifies the management of your international trademark application as the applicant can file any changes, renewal or file the mark directly with their I.P. office.

Step 1
The applicant needs to conduct a trademark search for the mark he wishes to register with the designated countries. Similar or identical marks do not receive protection from any of the selected countries.

Step 2
The applicant has to file the application under the head of the conventional country available in the form TM-A. The application is known as a primary application which is then examined and sent to WIPO.

Step 3
IB WIPO will then conduct a formal examination of your international application. Once the examination process complete and WIPO finds no discrepancy in the application, they will publish it in the journal. You will receive a certificate for International registration.

Step 4
The designated countries will take up to 12- 18 months to examine the application as per their regional legislation. WIPO will then record their decision and inform you about the same.

Cost of Filing International Application

The international trademark application is charged cost at different stages and for various aspects of the application.

Basic Fees

I.P Office
Marks in No
colour

Marks in
Colour
Designated Regional I.P office
653 Swiss Francs
903 Swiss Francs
I.P office of Least Developed Country
65 Swiss Francs
90 Swiss Francs

Note: The cost of the trademark application increases with the no. of classes and the designated countries. Trademark office for handling international application.
For Instance, if you file for international protection of mark taking India as the office of Origin in any two countries for one class, the following cost will be incurred :

Designated Countries

Individual
Fee
Basic
Fee
Total
Australia
263
653
916
USA
388
653
1,041
Validity of Your International TM

The validity of your mark is up to 10 years after which the application can be renewed further for 10 years. The renewal of the mark can be directly filed with WIPO for the designated country.

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