Trademark Registration

Trademark Application for Foreign Nationals- An Overview

Trademark Application for Foreign Nationals
Karan Singh
| Updated: Jun 12, 2021 | Category: Trademark

In fact, foreign nationals reserve the rights to make an application for Trademark Registration. Under the agreement of the Madrid Protocol, a person has the exclusive right to register their Trademark or band name in multiple countries. If different applications of Trademark are made in other countries, then six months is deducted from the prior application. This article will let you discover some vital facts concerning the Trademark application for foreign nationals.

Trademark Giving Distinctive Identity to Foreigners 

A Trademark can be represented in different forms like a symbol, word, name, logo, shapes, sound, etc. They display either the particular product or the entity. The Trademark gives a distinctive identity to the product & even makes them stand out in the market. The Trademark Symbol is generally represented by the Trademark Symbol, defining that the product is under Trademark protection but still lacks registration.

The R symbol shows that the Trademark has been registered, and the entity or an individual can sue anyone in case of infringement. As soon as the candidate drops the application of Trademark at the relevant authority, they become entitled to use the Trademark symbol on their goods or services.

The product with the R symbol, on the contrary, shows that Trademark Registration has been availed by the proprietors from the concerned authority. Service Mark symbol indicates the service rather than products under the Trademark security. This symbol shows services by the person or a company but not applicable to tangible products.

Significance of Madrid Protocol for Trademark Application for Foreign Nationals

The foreign company or individual can make an application for a Trademark for more than one product or service in India. Our nation is familiar with the scheme concerning multi-class applications. The goods & services are classified into 42 Trademark Classes in India. The foreign individual has the right to file a Trademark application in our nation, given his or her country is a member of the Madrid Protocol.

The Trademark application for foreign nationals is achievable; however, it is subjected to assured legal responsibilities. A registered Trademark can provide unique benefits to the individual or the company. But, a Trademark registered in a specific country can protect the owner’s interest in that country only.

If the owner aims to protect their Trademark internationally, he or she would be needed to register their Trademark prior in every country where he wants such protection or safety. This may cause problems as the collection of applications & the price gets increase by manifolds. The Madrid Protocol came into action as a “Single Window Solution” to resolve such problems.

What is the Significance of WIPO for Trademark Application for Foreign Nationals or Foreigners?

WIPO is a Geneva-based organisation, controls the regulatory elements of the Madrid Protocol. The system permits the registered members to a registered mark in different countries by filing a single Trademark application. In the year 2013, India had become a member of the Madrid Protocol. This implies that the Trademark application for foreign nationals is practical as any individual or company from a member country can apply for Trademark registration in India.

Filing process of International Trademark Application under the Madrid Protocol:

  • Basic Mark: Trademark Registration or application of the home country.
  • Certify the Mark: The application of the Trademark needs to be filed via the office of the original place.
  • Inspection by WIPO: Record in the overseas registers and publishes in the WIPO Gazette[1].
  • Significant Examination: Significant examination under domestic law.

What is the Process for Making Trademark Application for Foreign Nationals?

It is crucial to prepare the essential documents for Trademark Registration either offline or online channel. The candidate looking for such registration is supposed to furnish information concerning their personal information and representation of an intangible asset that is supposed to be trademarked. The first and vital step in the registration process of Trademark is to protect the proper name for the products or services. Many candidates often struggle to have a meaningful name owing to the reason that it shows their product’s essence.

Selection of name is rather a thorough process. The candidate has to remain observant and ensure that the names they are looking to trademarked do not already exist in the market. Such difficulty must be averted upfront due to the last thing you don’t wish to confront pointless trouble for such type of negligence. The TM-1 form is usually used for making a Trademark application.

Conclusion

Registration of Trademark protected your valuable asset against the likely act of infringement and increased the credibility without sustaining any extra cost. The product with a Trademark logo shows a sense of authenticity & commitment among the target customer and further makes sure viable growth for the organisation. Hence, we can conclude that the registration of a Trademark is helpful for your business as it performs as a value addition for your product & services.

Read our article:Recognise Your Suitable Class for Trademark Registration

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Karan Singh

A legal writing enthusiast, a wanderer, and a zealous reader. After gaining a lot of knowledge about the diverse legal topics and developing research skills, Karan joined the league of legal content writers to deliver quality-rich blogs.

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