Companies that plan to export their products or services to the international market use worldwide trademark search. The Madrid Protocol is responsible for the application and registration process of international trademarks. Also, the registration prevents the IP rights of a company over a product or service at the global level.
The WIPO (World Intellectual Property Organization) administers the registration process. It also provides access to the database to perform a worldwide trademark search. It provides information about existing trademarks, applications, pending requests that are in the global database.
During a worldwide trademark search or registration, the companies must conduct multiple searches. Also, it must submit different applications to every nation. International trademarks have an expiry date of 10 years and you can renew them for another 10 years.
Also read: How to Do a Trademark Image search in the USPTO Website
Worldwide Trademark Search: How?
The worldwide trademark search is a process of scanning the existing International Trademarks or Trademark applications. It helps to find out any potential infringement. Companies that plan to supply their goods or services in foreign countries must go for it. The complete process of application and registration for global trademarks is managed by the Madrid Protocol. However, the registration protects the intellectual rights of the owner over a Trademark at the global level.
There are a number of companies that provide trademark search services both online and offline. The WIPO control panel enrolls the name of the companies that agreed to the Madrid System.
There are basically three types of search:
- Logo search
The Logo search uses the Nice Classification database which is based on the Nice Agreement.
- Word search
Word search searches among the 45 classes for products/services and also pick out phonetic similarities.
- Device mark search
The Device mark search uses the International Classification of Figurative Elements of Mark database.
NOTE- Some other search engines also include serial numbers and company numbers.
Also Read: Trademark searches: An Overview
Worldwide Trademark Search: Features
A global search for similar or identical trademarks helps the company to avoid infringement in another country. However, a company must register the trademark in the native country before registering it in a foreign country. Registering a product or service in a foreign country after the search prevents third parties to use the original trademark. Also, it helps to maintain the reputation and sales of the company.
Common mistakes:
There a few usual mistakes that a company does even after performing a trademark search. These mistakes can lead to a loss of value and the economy of a country. Some of the common mistakes are as follows:
- You cannot file for a trademark in a foreign country if it is not registered in the native country. To gain protection in another country it is necessary to register the trademark in the home country.
- Not translating the names and logos according to the registered country. They must meet the logical and emotional requirements for the correct translation. However, this is only possible when they consult their international partners.
- Companies are also unaware of some facts regarding trademark protection.
For example: To get protection on the trademark in abroad, you must have existing live protection for at least 5 years.
- Not planning according to the search and application may lead to a loss of investment or current business. There are online calculators available to answer queries regarding business.
Worldwide Trademark Search: Inside Edition
The company must have one or more accepted marks to use the trademark search facility. You may initiate the search at North/South/Central America, European Union, Asia, Africa, and the Middle East.
There are 91 members in Madrid Protocol for trademarks and you can find the list of the signed countries on the WIPO website. Although, trademark search is a lengthy process, but is important to protect the mark abroad. The company has no right to use the mark abroad even if it is registered at USPTO (United States Patent and Trademark Office).
Moreover, the worldwide trademark search helps to avoid infringement from either side. You may earn exclusive rights and even sell the license to create a franchise abroad.
However, the use of the mark won’t affect the company and its business if they do not plan to work abroad. Also, sometimes it is difficult to operate trademark search engines. It is better to seek professional help. Moreover, a trademark attorney would provide beneficial advice, thorough search, and reports on the status of the mark. Thus, reduces the time taken by the companies to expand the business overseas.
Also Read: How to Do a Trademark Image Search in the USPTO Website?
Need a Comprehensive Worldwide Trademark Search? – TMReady
TMReady provides you the most flexible coverage over the trademark-related services. Our team of experts performs a manual search over a global database for the most pertinent outcomes. Also, we believe in 100% customer satisfaction within a budget-friendly price. You just need to order online and provide the mark details. You get a quick turnaround time with free iterations. Moreover, you can check the status of your order at any stage. We keep transparency and also provide free advice for long term benefits. For seeking more advantages from our services, please visit TMReady.
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