Are you planning to expand your business globally? Do you want your brand protected overseas? Unlike local trademarks, international trademark gives you a wide scope to expand globally. To secure your trademark, you have to register your brand rights in multiple countries where you want to start your business. Several countries have a simple and user-friendly process to register your intellectual property. To know more details about the international trademark registration process, let’s check out the following details.
What is an international trademark?
Currently, you may wonder why there is no single trademark that applies worldwide. This is mainly due to territorial and trademark laws. However, with a single application under the Madrid system, you can register your trademark across multiple countries. The Madrid system is governed by the World Intellectual Property Organization (WIPO). Let’s explore the details.
- Madrid System coverage: 130+ member countries, including the EU, UK, Australia, China, Japan, and the USA.
- Launch year: 1891 (Madrid Agreement), expanded in 1989 (Madrid Protocol).
- By filing once, you can request protection in any or all participating countries.
Register your local trademark first
Before applying internationally, you must have a national trademark application or registration in your home country (called the basic mark).
Example:
If you are in India, you first file with the Indian Trademark Registry. Only after you get the application number or registration certificate can you proceed internationally.
Prepare an international application
Your international application must include:
- Details of your basic mark.
- A list of goods/services classified under the Nice Classification system.
- Countries (Contracting Parties) where you seek protection.
You can choose one country or all 130+ members, depending on your business goals.
File through your home office
You cannot file directly with WIPO yourself. Your local trademark office (known as the Office of Origin) must review and certify your application.
Filing fees:
- Basic Fee: 653 Swiss Francs (approx. USD 730) if no logo; 903 Swiss Francs (approx. USD 1,010) if the mark includes a logo or color.
- Complementary Fees: 100 Swiss Francs (approx. USD 112) per country selected (some countries have individual fees instead).
You pay all fees to WIPO via your national office.
WIPO formal examination
Once WIPO receives your application, it checks:
-
Identity of the applicant.
-
Consistency with your basic mark.
Fees and required information.
If everything is in order, WIPO records your mark in the International Register and publishes it in the WIPO Gazette of International Marks.
Timeline: This step takes about 2–4 weeks.
Substantive examination by each country
After WIPO’s formalities, your application is forwarded to each selected country’s trademark office. Each office conducts its own examination, checking:
- Conflicts with existing trademarks.
- Compliance with local laws.
- Distinctiveness of your mark.
Important: Each country can accept, partially refuse, or reject your application independently.
Response Period: You usually get 12–18 months to respond to any objections. Some countries (e.g., India) may take longer.
Grant of protection
If no objections remain, or if you successfully resolve them, your trademark is protected in that country as if you had filed directly. You receive a certificate or notice confirming the protection.
Validity:
- 10 years from the date of the international registration.
- Renewable indefinitely every 10 years.
Central management and renewals
One of the biggest benefits of the Madrid System is simplified management:
- Changes: You can record changes in ownership, name, or address centrally through WIPO.
- Renewal Fees: Paid directly to WIPO, covering all designated countries.
Note: If your home (basic) registration is canceled within the first 5 years, your international registration will also be canceled (known as central attack). To avoid this risk, maintain your home mark carefully.
Key tips to note
The following are some important tips while registering your trademark internationally.
- Plan ahead: Consider where you will conduct business in the next 5–10 years.
- Seek professional help: Trademark attorneys can assist with objections and paperwork.
- Use official WIPO tools: The Madrid Goods & Services Manager helps you accurately classify your products.
Simplify your global brand journey
The process of international trademark registration may look complex at starting. But we at Trademarkia help you in every step. Our legal experts are here to assist you in growing your business globally. We assist you in filling the trademark registration application, time management, and secure solutions for any kind of trademark disputes. We also provide a wide range of trademarks to keep your brand identity unique. Let’s get started with your global journey.
