Trademark is the asset of individuals, and organizations which
is protected independently in each nation therefore a trademark being
registered in a country would still be a subject of violation in another
country because it is not yet registered.
Currently based on a trademark patent or a national trademark
application, by filing an international application, the trademark owner shall
acquire the right of trademark registration in some or all members of the
Madrid system.
Trademarks are intangible assets, and can be
bought, sold or licensed, making your company more valuable. However, you have
to analyze your company to determine the value in seeking trademark protection
in foreign countries. An experienced intellectual property attorney is the best
person to speak to regarding this decision. There is a mechanism for obtaining
a trademark in other countries: the Madrid Protocol.
Conditions of international registration under
Madrid System
-People who have been granted the Certificate
of Trademark Registration have the right to register their respective international
trademarks under the Madrid Agreement;
-People who have already filed an application
for registration of a trademark and who have been granted a certificate of
registration of a trademark shall have the right to make an international
registration of the mark corresponding to the Madrid Protocol.
To sum it up, you should first file for a trademark
in your home country. From there, your country will forward it to WIPO. After
WIPO examines it, and hopefully approve it, it will send you a certificate of
your international registration and notify the IP Offices in all the
territories where you seek trademark protection in. The last step is for those
territories to make a decision within the time limit (12 or 18 months) in
accordance with their own rules. WIPO will record the decisions of the IP
Offices in the International Register and notify you when they are made. If a
particular Office refuses to grant protection, you can contest a refusal
decision directly before it. Conversely, if an IP Office accepts to protect
your mark, it will issue a statement of grant of protection.
