The basis for the emergence of legal protection of trademarks is registration at the patent offices and obtaining a certificate. Up to that point, a company can also use the designation, but the same right arises for other entities as well. International trademark protection is provided by WIPO and national patent offices.
International registration rules
The basic act that regulates the protection of commercial property at the international level is the Paris Convention. Also many states approved and ratified the Madrid Agreement, which allows you to register trademark rights and obtain legal protection for several countries. Let us highlight the key rules for registration and protection of marks at the international level:
to acquire exclusive rights to a trademark can only commercial structures - legal entities and entrepreneurs;
a certificate for a designation may be issued with different territory of legal protection - the protection may cover only one country or several countries;
coordination of action for the protection of trademarks at the international level is a special structure under the UN - WIPO (World Intellectual Property Organization).
one of the key powers of WIPO is the systematization of data on registered commercial property objects. For this purpose, an international register is maintained, the information of which will be used by national patent offices when considering applications.
In order to establish legal protection, the registration of designations is carried out in the following directions:
Through the national patent offices - in this case the documents are drawn up in the state language of the country, and the certificate of protection will be valid only within its borders;
under the Madrid system - the application can also be filed through the national patent office, but in its content you can specify an unlimited number of countries-participants of the agreement, where the certificate will be valid;
transfer of the national application to the international status is allowed - for this purpose the company has to submit the corresponding application with the list of the selected states.
The order of documents
The procedure of paperwork and examination is practically the same for national and international registration variants. If an application is filed under the Madrid system, no additional application to the patent office of each country is required after the issuance of the certificate. The legal protection regime arises automatically in all states.
To protect a registered designation, the right holder may use the following measures, including at the international level:
to make written demands against infringers - to prohibit the illegal use of the trademark, to withdraw counterfeit products from circulation, etc;
to apply to the court instances with the claim for damages or compensation;
to demand administrative or criminal responsibility.
At coordination of actions at the international level, the work of customs services suppressing deliveries of counterfeit goods across the border is important. For efficiency of joint efforts on protection of intellectual property, the states can conclude bilateral agreements in order to reveal facts of infringement in a simplified order.
Get a free consultation with a patent attorney
— Free inspection and detailed consultation
— Guarantee to bring you to a positive decision
— Save ~10 000 rubles on the state duty
— All prices are fixed with no hidden fees
Get a free consultation
on patenting and intellectual property protection