When a company operates globally, it is essential to register an international trademark. This way, through the protection governed by the Madrid System (which includes the Madrid Agreement and Protocol), the company can be confident that its brand image cannot be copied in the 130 countries that are currently part of this intellectual property mechanism.
In this regard, the company specialized in Intellectual Property and Regulatory Affairs, Moeller IP Advisors, explains how to register an international trademark, detailing the requirements and various steps that must be followed. The company indicates that the requirements for registering an international trademark are basically the same as those required in national applications. In fact, the process begins at the offices of the country of origin.
Requirements for registering an international trademark
Moeller IP Advisors states that to receive international protection for a trademark, one of the following conditions must be met: the applicant must be a citizen of a contracting State of the Madrid System, it must be a legal entity residing in a contracting State, or a legal person with a real and effective industrial or commercial establishment in a contracting State.
Regarding the steps, the firm indicates that the first step is to submit the application to the corresponding national trademark office. Therefore, the application should not be submitted directly to the World Intellectual Property Organization (WIPO).
The second step is to wait for the national office to approve the request. In this case, WIPO examines the application to ensure that the applicant is legitimate and that there are no inconsistencies or defects during the process. Once approval is granted, it is published in the WIPO International Trademark Gazette, and the application is sent to the national offices of each country where protection is requested.
National offices of each requested country
The third step involves finalizing the trademark registration in each of the countries where intellectual property protection is sought. This means that the relevant agencies of each nation examine the application to verify that there are no conflicts with trademarks already registered in that territory.
In this sense, Moeller IP Advisors indicates that, generally, this procedure includes both the publication of the application in the national bulletin or gazette and the granting of a specific period for holders of other trademarks to express their concerns. If a claim is made, the national office sends a provisional denial notification. Otherwise, the trademark is granted and protected in that territory.
Finally, it is important to note that this protection can cover logos, names, images, flags, patterns, shapes, packaging of goods, sounds, and even scents. The protection is valid for 10 years, and after that period, it is possible to request renewal.
