Is Trademark Registered in India Valid all Over the World?
Everyone has a signature which he or she doesn't like to be used by anyone else. This signature can be a logo, name, combination of words, letters, symbols, drawings (2D and 3D), shapes etc.Every one have a question ' Is Trademark Registered in India Valid all Over the World? ' A trademark is a distinct signature that is registered by a person. The person who registers it becomes its owner and only he can use it. A trademark is like a brand which helps in getting the necessary recognition. For instance, M of McDonald's, hat with Pizza Hut written below it etc. It is not mandatory to register a trademark. However, it is advisable to do so.
In India, trademark is registered under Trade Marks Act, 1999. The process is simple but it is quite tedious and time consuming. Trademark registration normally takes a couple of years. The registration is done for a period of 10 years post which it can be renewed any number of times. Each renewal lasts for 10 years.
The trademarks registered in India are only recognized in the Indian territory and not internationally. However, there are certain countries who recognize it. Therefore, the ownership of a trademark registered in India is only recognized in India not elsewhere.
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The Madrid International Trademark System
To get your trademark registered and recognized internationally you must get it registered through the Madrid System. The Madrid International Trademark System is a centralized system of getting your trademark registered. It consists of 97 member countries all of whom recognize it. For instance, if a trademark registered in India wants multinational rights for it, it must get it registered with The Madrid System.
To get your trademark registered internationally you must get it registered with the national or regional trademark office. When that is done it will forward the application of international registration to WIPO (World Intellectual Property Organization). WIPO will conduct a preliminary examination and then publishes it in the WIPO Gazette.
WIPO will then intimate the regional Intellectual Property offices of the nations in which you want to get the trademark registered. It will take around 12-18 months before a trademark gets registered.
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