With globalization and the ease of doing business, companies have started to establish themselves around the globe. Every company is unique, with its ideologies, philosophies, and trademarks.
If you're setting up your company then surely you've heard about online trademark registration because it's an essential part of a company. But many people don't know what a trademark is exactly. and its Importance. If you're also struggling with these questions then keep reading this article.
In this article, we've covered everything about trademarks, their Importance, misconceptions and useful ways to protect a trademark.
Without any further delay, Let's begin!
What are trademarks?
A trademark is an intellectual property of a company. It might be a symbol, pattern, or phrase associated with a company's specific product or service. The necessity of online trademark registration is not limited to the uniqueness to a product or service. And instead, they represent the identity and reputation of the company. It also has the following features:
- Add value to your product.
- Helps in the creation of a strong image of the product in the market
- Helps in differentiation between the countries related to similar products and services
- Assists in the advertisement of the product or services and therefore publicizes the product.
Trademarks V/S Misconceptions
People have various misconceptions when it comes to online trademark registration. The most common misconception is that they feel that if they have used particular words or phrases in their trademark, they own those phrases or words. But it is wrong, and no company can own those words or phrases; instead, the company only has the right related to how they have used these words or phrases. So, no company can copy how these words or phrases are used.
Moreover, the online trademark registration is a territorial product, meaning that a company has the exclusive right to use them in the registered territory. Still, outside that territory, other companies can use their identical trademarks as them.
Therefore, the business owner must know that if they have registered the trademark in one country and use it in another country, then other companies have the right to use it. The business owners must be aware of the rules and regulations related to trademarks; They must take steps to safeguard their trademarks from use by other competitors in the unrelated territory.
So the question here is if you can defend your trademarks in another nation. Yes, there is!
The company must register its trademark protection in every country in they offer products and services. They can also register their trademarks in advance for those places where they wish to expand their business in the future; Companies also have the chance to register their trademarks globally. However, you must first understand International Trademark Rights.
What do you mean by International Trademarks Rights?
When a business is expanding its business offshore, the company must register its trademarks to continue using them without any copyright issues. The international trademark rights say:
- Every country has the right to protect its trademarks as per the legal proceeding.
- These rights are different and have their terms for enforcement and existence.
- International Trademark Rights are the rights that are widely accepted by various countries.
What are the methods for protecting our trademark in other countries?
As mentioned earlier, if you are expanding your business internationally or have plans to do so in the future, you need to register your trademarks according to the international trademark treaties. There are four international treaties/conventions that help protect the businesses' trademarks. These are as follows:
European Community Trademark (CTM)
If the company wishes to expand its business across any particular state in Europe or multiple countries across Europe, the company has to fill out a simple application to register its online trademark registration and obtain protection across all the European Union countries.
Madrid Protocol
This protocol was formed under the Madrid Agreement of 1989. This protocol went into effect in 1995. Currently, more than 128 countries follow this protocol. Under this protocol, individuals have the right to fill out one registration form for registering trademarks in 128 countries.
Bern or Paris Convention
Berne is the oldest convention in the world, The convention was first established in Berne, Switzerland, in the year 1886, and it was later modified in the year 1971 as per the Paris Act. Today, more than 179 counties follow this convention. Businesses have to fill out a single form to use the trademarks across the registered countries.
Trade-related factors of Intellectual Property Rights (TRIPS) Agreement
Since its commencement in 1995, this arrangement has been supervised by the World Trade Organization (WTO). The business gets access to more than 150 member countries.
Depending on the requirements, the company can use any of this convection and apply for the same to safeguard their trademarks from getting copied. With the help of one single application, the companies get access to many countries.
What is the way by which a business can secure international trademark rights in multiple countries?
These are the steps of registering your businesses for international trademark right in multiple countries:
- The businesses which want an international trademark registration, according to the convention, must submit the trademark application at the place of origin.
- If your business is in India, the place of submission of any international trademark application is the Registrar of Trademark Office, and it will serve as the place of origin.
- The place of origin refers to applying for an International trademark, later presented to the International Property Organization (IPO) in Geneva.
- After the scrutiny process, if the application is valid, the trademark is registered in the International Register and later published by the World Intellectual Property Organization (WIPO).
- Later, a certificate is issued by the international bureau notifying all the countries about the trademark registration following the particular convention.
- The national trademark body of the place of origin has the right to reject any trademark protection within the given window.
- The designated office must submit the rejection in the prescribed format.
- Even if a single country raises an issue, then the vote is considered unanimous, and protection is not provided
- In case of no objection, trademark protection in India is issued and registered. The company must renew it after the fixed timeline subject to the convection.
Who can help you in Trademark registration?
Trademark registration is a tedious process, and the companies need to be particular to get approval of the trademark from international bodies. Moreover, the companies must understand the convention and other legal proceedings. Therefore, to make your process smooth, we at Lawgical India help get your trademark protection in India registered in any corner of the world. Our specialists have over five years of expertise, and our experts will serve you the best result. Contact Us today to do your trademark registration at an affordable price.
