Trademark registration is vital for businesses. Furthermore, trademark registration allows businesses to benefit from government incentives. Furthermore, it qualifies them for quality certifications. They also have the opportunity to register domain names like .com.tr.
Trademark registrationIn addition to all these benefits, trademark registration has become a necessity in sectors like the food and pharmaceutical industries, as businesses operating in these sectors require trademark registration to conduct production.
One of the most frequently asked questions about trademark registration is the issue of international trademark registration. Many people wonder what international trademark registration is.
What is International Trademark Registration?
The rights acquired through trademark registration are limited. In other words, protection is only granted in the country where registration is made. Therefore, brand owners who wish to protect their trademarks abroad need international trademark registration. Registering their trademarks in the countries where they specifically seek protection can help avoid any legal issues.
Trademark registrations abroad are handled in two ways. There are two options: national applications and community registration applications. International trademark registration is a crucial requirement for optimal brand protection. This allows brands to obtain protection in the countries where they are registered. A trademark registered abroad increases the prestige and credibility of a brand in the eyes of consumers.
International trademark registration stands out with its advantages. First and foremost, it prevents situations such as product recalls, service interruptions, or penalties and compensation claims within the country. Furthermore, it prevents imitation of goods and services in target markets. It provides a competitive advantage in both national and international markets. However, when registering a trademark abroad, it's essential to choose the most suitable registration system. Conducting preliminary research and contacting experts in this field will prevent any problems.
How to Register a Trademark Abroad?
For those wondering how to register a trademark abroad, the advantages of the Madrid system are worth mentioning. With a single-language application, a trademark owner can protect their trademark in multiple countries. Furthermore, it becomes possible to protect the trademark in new markets in the future.
For those wondering how to register a trademark abroad, we can advise that for a trademark to be applied for and registered internationally, it must first be registered in its country of affiliation. International trademark registration is conducted based on the trademark initially registered in its country of affiliation. This period is set at five years. If a trademark becomes invalid in its home country before the five-year period expires, it will lose its international trademark registration.
Documents Required for International Trademark Registration
• Document showing that the required fee has been paid
• MM2 form filled in English and provided by WIPO regarding foreign trademark registration
• If applying to the USA, MM18 form is required in addition to MM2 form.
As a result, a certified copy of the trademark transaction agreement, application form, power of attorney, application fee receipt and trade registry certificate is required.
Countries Where Trademark Registration Is Valid
It's worth noting that, as of July 2020, 106 countries were members of the Madrid Protocol. Additionally, those seeking a valid trademark registration option in all 28 European Union countries can apply through OHIM (the EU Intellectual Property Rights Office). Furthermore, applying through the African Intellectual Property Rights Office allows registration in 17 African countries with a single application. In other words, the countries where trademark registration is valid vary depending on the application method chosen.
Types of International Trademark Registration
• International trademark registration (Madrid Protocol System)
• Community trademark registration system
• National trademark registration
• Regional trademark registration
International Trademark Registration
Madrid Protocol It was signed in 1999. It provides trademark protection in multiple or all countries, including the European Union, with a single application from Türkiye. The World Intellectual Property Organization is known as the authorized body.
Community Trademark Registration System
It provides protection in European Union member states with just a single application. OHIM is a system valid across all countries. The Internal Harmonization Office in Spain is known as the competent authority.
National Trademark Registration
For countries that are not members of any collective registration system, such as the European Union Community System or WIPO, trademark applications must be submitted individually. National trademark registration procedures vary, as procedures are conducted according to the principle of reciprocity between countries.
Regional Trademark Registration
It refers to a system where multiple countries come together. A protection system is established that applies only to member countries. This is called a regional registration system. Examples include countries that are members of the African Intellectual Property Organization (AIP) or the BENELUX member countries.
