Trademark registration in India can only protect your rights in India only because trademark registration is territorial in nature. A separate application needs to be filed in each country where you wish to register your trademark.
Trademark registration in other countries is also important and necessary when you planning to go global because, in this case, your competition is not only with the domestic players but with the international players as well. So, you can not take the risk of losing your brand value internationally.
Sometimes when the companies step into other countries, they realise the value of their trademark. There may be chances that you will find the imitators in abroad or you are accused of infringing the rights of the native owner of the trademark.
Investment in brand requires huge funds in the local market, but if you find that the brand cannot be registered and used in global markets, then definitely it would be a panic situation not only financially but mentally as well because at that time your business reputation is at stake.
So, registering your trademark internationally can benefit you in the following ways:
- Registering the trademark abroad gives you the exclusive right to commercialise your product in abroad.
- Your trademark gets the same protection as you get in the home country.
- You can monetise your trademark in abroad as well by licensing or assignment.
Before reaching any conclusion, you should also understand one more point which is International Application under Madrid Protocol. India has also joined the Madrid protocol. Under the Madrid system, you just need to register or file one international application to get the exclusive rights in the various countries. At present, 91 countries are the members of the Madrid protocol.
There must be a corresponding trademark application which is filed in India when you are going to file an international trademark application. The fees for filing this trademark application depend on the number of countries.
Upon the filing of the international trademark application, this is examined by each country where you wish to apply for registration.
There may be a situation that the country in which you want trademark registration is not a member of Madrid Protocol, and then, in this case, you have to file a separate national application directly in the respective country.
Benefits of filing Madrid Protocol
- Lower costs compared to an individual filing of an application in each country.
- Renewals, change in address, change in ownership is easier and more cost-effective
- Other countries are also joining the Madrid Protocol, so it can be more advantageous in the later stage.