The Madrid System for International Trademark Registration Process: Problems
An international Trademark Association (ITA) is a good place to start when you’re planning to register a Trademark internationally. A trademark that is international can be a distinctive “name” to identify your company. It typically includes a short phrase, usually a logo, as well as an image of the brand which differentiates it from others in its sector. A service mark functions exactly the same as trademarks, but it has an additional benefit for companies that are that are international. But even if you do international business it could be beneficial to also register your trademark on the internet as well.
There are two major advantages when you apply for the international trademark registration on the internet. First, you can do the entire process on the internet. There’s no need to fax, meetings or hassle. Simply complete an application for international trademarks via an online secure site and forward it to the ITA. The ITA will then process the application and issue you a notification of registration. You can then forward this notice to the foreign government in which the trademark was registered. Depending on what type of international trademark registration you have completed, it can take anywhere from three to several years for this to be completed.
Another advantage of the filing of an international trademark registration through the internet is that it can provide brand name protection. Just like with registrations for domains, the internet gives foreign trademark owners the chance to safeguard their brand name from being used or hijacked by a different business. When you use the internet to apply for registration of trademarks internationally, it helps to establish an “dominant” or brand name that can be used by other businesses. The brand name serves as a security blanket and protects trademark owners and businesses from cyber-squatting.
It is also very cost-effective to sign up a domain name online. There aren’t any charges to pay for formal inspections, stamps or formal inspections to buy. The ITSP provides maintenance services and other options once the domain name is registered. If a domain is stolen, it will easily be recovered using the services offered by the ITSP. A domain registration online is inexpensive and easy.
There are times where a domain owner might want to contest the registration of their trademark in an international trademark registration dispute. There are two main reasons why this might occur. The first reason is that an individual may feel that trademark registration was improperly obtained. A person may believe that the registration of a trademark was carried out improperly. Sometimes, a trademark that is not recognized could be rejected by a foreign nation.
One can also contest the validity online of a mark application. This could be done by using one of two methods either through physical or social media denial. A social media violation could be caused by people posting content on their social media site that is perceived as being damaging to their business. This could result in the domain registration being taken away or even seized.
Some international trademark opponents are worried that the practice of using “black black” or spam tactics might be stifling free-market thought. This argument is, at the very least, a straw man. There isn’t any evidence to suggest that such an abuse has been committed. However, opponents to international trademark registry like to claim that domain names on the internet are being misused. There are numerous instances of a shady usage of the system, in which domain names are registered and controlled to gain an advantage over other. It is easy to imagine how one could use confidential information that they collect from their job and through the use of electronic tools.
I would not recommend that you go through the Madrid system. The potential problems associated with the Madrid system are severe and outweigh any benefits. I recommend that you get legal counsel from an attorney experienced in international registration. The costs related to the Madrid system are prohibitively expensive. It is possible to save money by hiring a qualified trademark attorney to manage the registration process internationally.