Things To Know About Trademark Registration And Validity In Other Countries
Trademark is nothing but a graphical expression that you can possess for service or product which must be unique and distinct. It can be an expression, slogan, sound graphical image, a unique shape, a color combination, or even a color combination that refer to your business or a company. A trademark can be applied by a firm or a company or even an individual. With trademark registration owners can enjoy exclusive rights of their trademark. One has to follow specific process to complete the trademark registration in India. The validity of your trademark registration varies in other countries when you wish to establish your business to other countries. The following offers some useful information on trademark registration in India and its validity in various countries.
Steps Involved In Trademark Registration
There are various steps involved in the trademark registration process in India.
Trademark Search: The first step in registering a trademark is to choose a trademark and make sure it is unique by performing a trademark search. A trademark attorney or a legal expert would carry out the trademark search process. The brand name or logo of your company can be modified based on the recommendations offered by the legal expert. This would avoid objection of the trademark application by the registrar.
Selection Of Class: You have to choose the specific class for a trademark registration based on the types of goods and services that you deal with. There are 45 classes under which the trademark of your business would be classified. You can seek the help of a legal expert who would help to choose the right class for registering the trademark based on the type of product or service provided.
Filling The Trademark Registration Form: This is the primary step in the trademark registration process. Once you have performed the trademark search and confirmed the availability of your trademark, you can proceed with filing the trademark registration form. You have to provide the following documents and information in the trademark application.
- Name of the applicant
- Nature of business
- Name Of The brand or logo
Validity Of Trademark Registration
The trademark registered in India is valid inside the country, and it is not valid in other countries. For trademark registration in other countries, you have to file separate trademark registration forms.
When you start a business in India and wish to establish it to other countries, then you must be aware of the trademark validity in other countries. To protect the rights of trademark owners in international market, certain international conventions and treaties govern it. The following are some of the global agreements that govern the trademark registration of other countries.
- TRIPS Agreement
- Madrid Protocol
- European Community Trademark
- Paris Convention
Thus a company or a firm who wish to start his/her business in foreign countries can make use of the above-mentioned treaties for trademark registration. These treaties help companies to complete the trademark registration process in other countries by just filling a single application.
A trademark attorney would help in providing the right advice when you wish to establish your business to other countries. To operate your business in other countries, a proper trademark registration based on the specific trademark laws must be followed. This would make your business to run legally without any issues. This would add up to the reputation of your company or firm.
Use Of Foreign Trademark
There are two perspectives in making use of a foreign trademark. You may be a foreign entity a recognized brand name and which to establish your center in India. You wish to continue with the same brand name in India. Trademark is a territorial intellectual property; thus, you have to register the trademark in India. You can make use of the foreign trademark name to register it in India.
Consider another case where a trademark is registered in a foreign country. This trademark registration is not valid in India as intellectual properties are governed by territorial protection. Thus, you have to go for separate trademark registration for your business in India.
The above offers a clear idea about the trademark registration process in India and its validity in other countries.